Government Records Amendments

37
20A-2-104
20A-11-1205
63A-12-117
63G-2-103
63G-2-107
63G-2-201
63G-2-203
63G-2-204
63G-2-301
63G-2-303
63G-2-305
63G-2-400.5
63G-2-401
63G-2-403
63G-2-604
63G-2-605
63G-2-701
63G-2-801
77-27-5
Government Records Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Matt MacPherson
LONG TITLE
General Description:
This bill amends provisions relating to the Government Records Access and Management
Act.
Highlighted Provisions:
This bill:
defines terms;
requires a summary of government records requirements to be developed and provided to
employees of a governmental entity;
modifies provisions relating to fees charged in relation to a record request;
modifies requirements for responding to a record request, including:
deadlines;
a request for an expedited response;
appeals; and
other requirements;
adds certain federal employees to the definition of an "at-risk government employee";
modifies provisions relating to certain protected records;
requires a governmental entity to conduct an annual review of records retention
requirements and compliance with those requirements;
amends requirements for an ordinance or policy adopted by a political subdivision in
relation to public records;
makes it a crime to destroy a record with the intent to avoid disclosure in response to a
pending record request; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-2-104
, as last amended by Laws of Utah 2025, Chapters 381, 448
20A-11-1205
, as last amended by Laws of Utah 2025, Chapter 476
63G-2-103
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
63G-2-107
, as last amended by Laws of Utah 2024, Chapters 18, 381
63G-2-201
, as last amended by Laws of Utah 2025, Chapters 299, 476
63G-2-203
, as last amended by Laws of Utah 2025, Chapter 33
63G-2-204
, as last amended by Laws of Utah 2023, Chapter 173
63G-2-301
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
63G-2-303
, as last amended by Laws of Utah 2025, Chapter 208
63G-2-305
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
63G-2-400.5
, as last amended by Laws of Utah 2025, Chapter 476
63G-2-401
, as last amended by Laws of Utah 2025, Chapter 476
63G-2-403
, as last amended by Laws of Utah 2025, Chapter 476
63G-2-604
, as last amended by Laws of Utah 2023, Chapters 173, 516
63G-2-701
, as last amended by Laws of Utah 2025, Chapter 476
63G-2-801
, as last amended by Laws of Utah 2025, Chapters 188, 208 and 476
77-27-5
, as last amended by Laws of Utah 2025, Chapters 476, 526
ENACTS:
63A-12-117
, Utah Code Annotated 1953
63G-2-605
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section
20A-2-104
is amended to read:
20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
(1)
As used in this section:
(a)
"Candidate for public office" means an individual:
(i)
who files a declaration of candidacy for a public office;
(ii)
who files a notice of intent to gather signatures under Section
20A-9-408
; or
(iii)
employed by, under contract with, or a volunteer of, an individual described in
Subsection
(1)(a)(i)
or
(ii)
for political campaign purposes.
(b)
"Dating violence" means the same as that term is defined in Section
78B-7-402
and
the federal Violence Against Women Act of 1994, as amended.
(c)
"Domestic violence" means the same as that term is defined in Section
77-36-1
and
the federal Violence Against Women Act of 1994, as amended.
(d)
"Hash Code" means a code generated by applying an algorithm to a set of data to
produce a code that:
(i)
uniquely represents the set of data;
(ii)
is always the same if the same algorithm is applied to the same set of data; and
(iii)
cannot be reversed to reveal the data applied to the algorithm.
(e)
"Protected individual" means an individual:
(i)
who submits a withholding request form with the individual's voter registration
record, or to the lieutenant governor or a county clerk, if the individual indicates
on the form that the individual, or an individual who resides with the individual, is
a victim of domestic violence or dating violence or is likely to be a victim of
domestic violence or dating violence;
(ii)
who submits a withholding request form with the individual's voter registration
record, or to the lieutenant governor or a county clerk, if the individual indicates
on the form and provides verification that the individual, or an individual who
resides with the individual, is a law enforcement officer, a member of the armed
forces as defined in Section
20A-1-513
, a public figure, or protected by a
protective order or protection order; or
(iii)
whose voter registration record was classified as a private record at the request of
the individual before May 12, 2020.
(2)
(a)
An individual applying for voter registration, or an individual preregistering to vote,
shall complete a voter registration form in substantially the following form:
-----------------------------------------------------------------------------------------------------------------
UTAH ELECTION REGISTRATION FORM
Are you a citizen of the United States of America?
Yes
No
If you checked "no" to the above question, do not complete this form.
Will you be 18 years of age on or before election day?
Yes
No
If you checked "no" to the above question, are you 16 or 17 years of age and
preregistering to vote?
Yes
No
If you checked "no" to both of the prior two questions, do not complete this form.
Name of Voter
_________________________________________________________________
First
Middle
Last
Utah Driver License or Utah Identification Card
Number____________________________
Date of Birth ______________________________________________________
Street Address of Principal Place of Residence
____________________________________________________________________________
City
County
State
Zip Code
Telephone Number (optional) _________________________
Email Address (optional) _____________________________________________
Last four digits of Social Security Number ______________________
Last former address at which I was registered to vote (if
known)__________________________
____________________________________________________________________________
City
County
State
Zip Code
Political Party
(a listing of each registered political party, as defined in Section
20A-8-101
and
maintained by the lieutenant governor under Section
67-1a-2
, with each party's name preceded
by a checkbox)
Unaffiliated (no political party preference)
Other (Please
specify)___________________
I do swear (or affirm), subject to penalty of law for false statements, that the information
contained in this form is true, and that I am a citizen of the United States and a resident of the
state of Utah, residing at the above address. Unless I have indicated above that I am
preregistering to vote in a later election, I will be at least 18 years of age and will have resided
in Utah for 30 calendar days immediately before the next election. I am not a convicted felon
currently incarcerated for commission of a felony.
Signed and sworn
__________________________________________________________
Voter's Signature
_______________(month/day/year).

PRIVACY INFORMATION
Voter registration records contain some information that is available to the public, such
as your name and address, some information that is available only to government entities, and
some information that is available only to certain third parties in accordance with the
requirements of law.
Your driver license number, identification card number, social security number, email
address, full date of birth, and phone number are available only to government entities. Your
year of birth is available to political parties, candidates for public office, certain third parties,
and their contractors, employees, and volunteers, in accordance with the requirements of law.
You may request that all information on your voter registration records be withheld from
all persons other than government entities, political parties, candidates for public office, and
their contractors, employees, and volunteers, by indicating here:
_____ Yes, I request that all information on my voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers.
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
In addition to the protections provided above, you may request that identifying
information on your voter registration records be withheld from all political parties, candidates
for public office, and their contractors, employees, and volunteers, by submitting a
withholding request form, and any required verification, as described in the following
paragraphs.
A person may request that identifying information on the person's voter registration
records be withheld from all political parties, candidates for public office, and their
contractors, employees, and volunteers, by submitting a withholding request form with this
registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
violence.
A person may request that identifying information on the person's voter registration
records be withheld from all political parties, candidates for public office, and their
contractors, employees, and volunteers, by submitting a withholding request form and any
required verification with this registration form, or to the lieutenant governor or a county clerk,
if the person is, or resides with a person who is, a law enforcement officer, a member of the
armed forces, a public figure, or protected by a protective order or a protection order.
CITIZENSHIP AFFIDAVIT
Name:
Name at birth, if different:
Place of birth:
Date of birth:
Date and place of naturalization (if applicable):
I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
citizen and that to the best of my knowledge and belief the information above is true and
correct.
____________________________
Signature of Applicant
In accordance with Section
20A-2-401
, the penalty for willfully causing, procuring, or
allowing yourself to be registered or preregistered to vote if you know you are not entitled to
register or preregister to vote is up to one year in jail and a fine of up to $2,500.
NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
VOTER IDENTIFICATION TO THE POLL WORKER, IN ACCORDANCE WITH THE
REQUIREMENTS OF LAW.
FOR OFFICIAL USE ONLY
Type of I.D. ____________________________
Voting Precinct _________________________
Voting I.D. Number _____________________
------------------------------------------------------------------------------------------------------------------
(b)
The voter registration form described in Subsection
(2)(a)
shall include:
(i)
a section in substantially the following form:
"------------------------------------------------------------------------------------------------------------------
BALLOT NOTIFICATIONS
Do you consent to receive communications about the status of your ballot and other official
communications, by text, at the phone number you provided above? Yes No
------------------------------------------------------------------------------------------------------------------";
and
(ii)
no later than November 5, 2025, the following, immediately after the question described in
Subsection
(2)(b)(i)
:
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will vote in person."
(c)
(i)
Except as provided under Subsection
(2)(c)(ii)
, the county clerk shall retain a
copy of each voter registration form in a permanent countywide alphabetical file,
which may be electronic or some other recognized system.
(ii)
The county clerk may transfer a superseded voter registration form to the
Division of Archives and Records Service created under Section
63A-12-101
.
(3)
(a)
Each county clerk shall retain lists of currently registered voters.
(b)
The lieutenant governor shall maintain a list of registered voters in electronic form.
(c)
If there are any discrepancies between the two lists, the county clerk's list is the
official list.
(d)
The lieutenant governor and the county clerks may charge the fees established under
the authority of Subsection
63G-2-203(10)
63G-2-203(11)
to individuals who wish
to obtain a copy of the list of registered voters.
(4)
(a)
As used in this Subsection
(4)
, "qualified person" means:
(i)
a government official or government employee acting in the government official's
or government employee's capacity as a government official or a government
employee;
(ii)
a health care provider, as defined in Section
26B-8-501
, or an agent, employee, or
independent contractor of a health care provider;
(iii)
an insurance company, as defined in Section
67-4a-102
, or an agent, employee,
or independent contractor of an insurance company;
(iv)
a financial institution, as defined in Section
7-1-103
, or an agent, employee, or
independent contractor of a financial institution;
(v)
a political party, or an agent, employee, or independent contractor of a political
party;
(vi)
a candidate for public office, or an employee, independent contractor, or
volunteer of a candidate for public office;
(vii)
a person described in Subsections
(4)(a)(i)
through
(vi)
who, after obtaining a
year of birth from the list of registered voters:
(A)
provides the year of birth only to a person described in Subsections
(4)(a)(i)

through
(vi)
;
(B)
verifies that the person described in Subsection
(4)(a)(vii)(A)
is a person
described in Subsections
(4)(a)(i)
through
(vi)
;
(C)
ensures, using industry standard security measures, that the year of birth may
not be accessed by a person other than a person described in Subsections
(4)(a)(i)
through
(vi)
;
(D)
verifies that each person described in Subsections
(4)(a)(ii)
through
(iv)
to
whom the person provides the year of birth will only use the year of birth to
verify the accuracy of personal information submitted by an individual or to
confirm the identity of a person in order to prevent fraud, waste, or abuse;
(E)
verifies that each person described in Subsection
(4)(a)(i)
to whom the person
provides the year of birth will only use the year of birth in the person's capacity
as a government official or government employee; and
(F)
verifies that each person described in Subsection
(4)(a)(v)
or
(vi)
to whom the
person provides the year of birth will only use the year of birth for a political
purpose of the political party or candidate for public office; or
(viii)
a person described in Subsection
(4)(a)(v)
or
(vi)
who, after obtaining
information under Subsection
(4)(n)
and
(o)
:
(A)
provides the information only to another person described in Subsection
(4)(a)(v)
or
(vi)
;
(B)
verifies that the other person described in Subsection
(4)(a)(viii)(A)
is a
person described in Subsection
(4)(a)(v)
or
(vi)
;
(C)
ensures, using industry standard security measures, that the information may
not be accessed by a person other than a person described in Subsection
(4)(a)(v)
or
(vi)
; and
(D)
verifies that each person described in Subsection
(4)(a)(v)
or
(vi)
to whom the
person provides the information will only use the information for a political
purpose of the political party or candidate for public office.
(b)
Notwithstanding Subsection
63G-2-302(1)(j)(iv)
, and except as provided in
Subsection
63G-2-302(1)(k)
or
(l)
, the lieutenant governor or a county clerk shall,
when providing the list of registered voters to a qualified person under this section,
include, with the list, the years of birth of the registered voters, if:
(i)
the lieutenant governor or a county clerk verifies the identity of the person and
that the person is a qualified person; and
(ii)
the qualified person signs a document that includes the following:
(A)
the name, address, and telephone number of the person requesting the list of
registered voters;
(B)
an indication of the type of qualified person that the person requesting the list
claims to be;
(C)
a statement regarding the purpose for which the person desires to obtain the
years of birth;
(D)
a list of the purposes for which the qualified person may use the year of birth
of a registered voter that is obtained from the list of registered voters;
(E)
a statement that the year of birth of a registered voter that is obtained from the
list of registered voters may not be provided or used for a purpose other than a
purpose described under Subsection
(4)(b)(ii)(D)
;
(F)
a statement that if the person obtains the year of birth of a registered voter
from the list of registered voters under false pretenses, or provides or uses the
year of birth of a registered voter that is obtained from the list of registered
voters in a manner that is prohibited by law, is guilty of a class A misdemeanor
and is subject to a civil fine;
(G)
an assertion from the person that the person will not provide or use the year of
birth of a registered voter that is obtained from the list of registered voters in a
manner that is prohibited by law; and
(H)
notice that if the person makes a false statement in the document, the person is
punishable by law under Section
76-8-504
.
(c)
The lieutenant governor or a county clerk:
(i)
may not disclose the year of birth of a registered voter to a person that the
lieutenant governor or county clerk reasonably believes:
(A)
is not a qualified person or a person described in Subsection
(4)(l)
; or
(B)
will provide or use the year of birth in a manner prohibited by law; and
(ii)
may not disclose information under Subsections
(4)(n)
or
(o)
to a person that the
lieutenant governor or county clerk reasonably believes:
(A)
is not a person described in Subsection
(4)(a)(v)
or
(vi)
; or
(B)
will provide or use the information in a manner prohibited by law.
(d)
The lieutenant governor or a county clerk may not disclose the voter registration
form of a person, or information included in the person's voter registration form,
whose voter registration form is classified as private under Subsection
(4)(h)
to a
person other than:
(i)
a government official or government employee acting in the government official's
or government employee's capacity as a government official or government
employee; or
(ii)
subject to Subsection
(4)(e)
, a person described in Subsection
(4)(a)(v)
or
(vi)
for
a political purpose.
(e)
(i)
Except as provided in Subsection
(4)(e)(ii)
, when disclosing a record or
information under Subsection
(4)(d)(ii)
, the lieutenant governor or county clerk
shall exclude the information described in Subsection
63G-2-302(1)(j)
, other than
the year of birth.
(ii)
If disclosing a record or information under Subsection
(4)(d)(ii)
in relation to the
voter registration record of a protected individual, the lieutenant governor or
county clerk shall comply with Subsections
(4)(n)
through
(p)
.
(f)
The lieutenant governor or a county clerk may not disclose a withholding request
form, described in Subsections
(7)
and
(8)
, submitted by an individual, or information
obtained from that form, to a person other than a government official or government
employee acting in the government official's or government employee's capacity as a
government official or government employee.
(g)
A person is guilty of a class A misdemeanor if the person:
(i)
obtains from the list of registered voters, under false pretenses, the year of birth of
a registered voter or information described in Subsection
(4)(n)
or
(o)
;
(ii)
uses or provides the year of birth of a registered voter, or information described in
Subsection
(4)(n)
or
(o)
, that is obtained from the list of registered voters in a
manner that is not permitted by law;
(iii)
obtains a voter registration record described in Subsection
63G-2-302(1)(k)

under false pretenses;
(iv)
uses or provides information obtained from a voter registration record described
in Subsection
63G-2-302(1)(k)
in a manner that is not permitted by law;
(v)
unlawfully discloses or obtains a voter registration record withheld under
Subsection
(7)
or a withholding request form described in Subsections
(7)
and
(8)
;
or
(vi)
unlawfully discloses or obtains information from a voter registration record
withheld under Subsection
(7)
or a withholding request form described in
Subsections
(7)
and
(8)
.
(h)
The lieutenant governor or a county clerk shall classify the voter registration record
of a voter as a private record if the voter:
(i)
submits a written application, created by the lieutenant governor, requesting that
the voter's voter registration record be classified as private;
(ii)
requests on the voter's voter registration form that the voter's voter registration
record be classified as a private record; or
(iii)
submits a withholding request form described in Subsection
(7)
and any required
verification.
(i)
Except as provided in Subsections
(4)(d)(ii)
and
(e)(ii)
, the lieutenant governor or a
county clerk may not disclose to a person described in Subsection
(4)(a)(v)
or
(vi)
a
voter registration record, or information obtained from a voter registration record, if
the record is withheld under Subsection
(7)
.
(j)
In addition to any criminal penalty that may be imposed under this section, the
lieutenant governor may impose a civil fine against a person who violates a provision
of this section, in an amount equal to the greater of:
(i)
the product of 30 and the square root of the total number of:
(A)
records obtained, provided, or used unlawfully, rounded to the nearest whole
dollar; or
(B)
records from which information is obtained, provided, or used unlawfully,
rounded to the nearest whole dollar; or
(ii)
$200.
(k)
A qualified person may not obtain, provide, or use the year of birth of a registered
voter, if the year of birth is obtained from the list of registered voters or from a voter
registration record, unless the person:
(i)
is a government official or government employee who obtains, provides, or uses
the year of birth in the government official's or government employee's capacity
as a government official or government employee;
(ii)
is a qualified person described in Subsection
(4)(a)(ii)
,
(iii)
, or
(iv)
and obtains or
uses the year of birth only to verify the accuracy of personal information
submitted by an individual or to confirm the identity of a person in order to
prevent fraud, waste, or abuse;
(iii)
is a qualified person described in Subsection
(4)(a)(v)
or
(vi)
and obtains,
provides, or uses the year of birth for a political purpose of the political party or
candidate for public office; or
(iv)
is a qualified person described in Subsection
(4)(a)(vii)
and obtains, provides, or
uses the year of birth to provide the year of birth to another qualified person to
verify the accuracy of personal information submitted by an individual or to
confirm the identity of a person in order to prevent fraud, waste, or abuse.
(l)
The lieutenant governor or a county clerk may provide a year of birth to a member of
the media, in relation to an individual designated by the member of the media, in
order for the member of the media to verify the identity of the individual.
(m)
A person described in Subsection
(4)(a)(v)
or
(vi)
may not use or disclose
information from a voter registration record for a purpose other than a political
purpose.
(n)
Notwithstanding Subsection
63G-2-302(1)(k)
or
(l)
, the lieutenant governor or a
county clerk shall, when providing the list of registered voters to a qualified person
described in Subsection
(4)(a)(v)
or
(vi)
, include, from the record of a voter whose
record is withheld under Subsection
(7)
, the information described in Subsection
(4)(o)
, if:
(i)
the lieutenant governor or a county clerk verifies the identity of the person and
that the person is a qualified person described in Subsection
(4)(a)(v)
or
(vi)
; and
(ii)
the qualified person described in Subsection
(4)(a)(v)
or
(vi)
signs a document
that includes the following:
(A)
the name, address, and telephone number of the person requesting the list of
registered voters;
(B)
an indication of the type of qualified person that the person requesting the list
claims to be;
(C)
a statement regarding the purpose for which the person desires to obtain the
information;
(D)
a list of the purposes for which the qualified person may use the information;
(E)
a statement that the information may not be provided or used for a purpose
other than a purpose described under Subsection
(4)(n)(ii)(D)
;
(F)
a statement that if the person obtains the information under false pretenses, or
provides or uses the information in a manner that is prohibited by law, the
person is guilty of a class A misdemeanor and is subject to a civil fine;
(G)
an assertion from the person that the person will not provide or use the
information in a manner that is prohibited by law; and
(H)
notice that if the person makes a false statement in the document, the person is
punishable by law under Section
76-8-504
.
(o)
Except as provided in Subsection
(4)(p)
, the information that the lieutenant governor
or a county clerk is required to provide, under Subsection
(4)(n)
, from the record of a
protected individual is:
(i)
a single hash code, generated from a string of data that includes both the voter's
voter identification number and residential address;
(ii)
the voter's residential address;
(iii)
the voter's mailing address, if different from the voter's residential address;
(iv)
the party affiliation of the voter;
(v)
the precinct number for the voter's residential address;
(vi)
the voter's voting history; and
(vii)
a designation of which age group, of the following age groups, the voter falls
within:
(A)
25 or younger;
(B)
26 through 35;
(C)
36 through 45;
(D)
46 through 55;
(E)
56 through 65;
(F)
66 through 75; or
(G)
76 or older.
(p)
The lieutenant governor or a county clerk may not disclose:
(i)
information described in Subsection
(4)(o)
that, due to a small number of voters
affiliated with a particular political party, or due to another reason, would likely
reveal the identity of a voter if disclosed; or
(ii)
the address described in Subsection
(4)(o)(iii)
if the lieutenant governor or the
county clerk determines that the nature of the address would directly reveal
sensitive information about the voter.
(q)
A qualified person described in Subsection
(4)(a)(v)
or
(vi)
, may not obtain, provide,
or use the information described in Subsection
(4)(n)
or
(o)
, except to the extent that
the qualified person uses the information for a political purpose of a political party or
candidate for public office.
(5)
When political parties not listed on the voter registration form qualify as registered
political parties under Chapter 8, Political Party Formation and Procedures, the
lieutenant governor shall inform the county clerks of the name of the new political party
and direct the county clerks to ensure that the voter registration form is modified to
include that political party.
(6)
Upon receipt of a voter registration form from an applicant, the county clerk or the
clerk's designee shall:
(a)
review each voter registration form for completeness and accuracy; and
(b)
if the county clerk believes, based upon a review of the form, that an individual may
be seeking to register or preregister to vote who is not legally entitled to register or
preregister to vote, refer the form to the county attorney for investigation and
possible prosecution.
(7)
The lieutenant governor or a county clerk shall withhold from a person, other than a
person described in Subsection
(4)(a)(i)
, the voter registration record, and information
obtained from the voter registration record, of a protected individual.
(8)
(a)
The lieutenant governor shall design and distribute a withholding request form for
the purpose described in Subsections
(1)(e)(i)
, (1)(e)(ii),
(7)
, and this Subsection
(8)

to each election officer and to each agency that provides a voter registration form.
(b)
An individual described in Subsection
(1)(e)(i)
is not required to provide
verification, other than the individual's attestation and signature on the withholding
request form, that the individual, or an individual who resides with the individual, is a
victim of domestic violence or dating violence or is likely to be a victim of domestic
violence or dating violence.
(c)
The director of elections within the Office of the Lieutenant Governor shall make
rules, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
establishing requirements for providing the verification described in Subsection
(1)(e)(ii)
.
(9)
An election officer or an employee of an election officer may not encourage an
individual to submit, or discourage an individual from submitting, a withholding request
form.
(10)
(a)
The lieutenant governor shall make and execute a plan to provide notice to
registered voters who are protected individuals, that includes the following
information:
(i)
that the voter's classification of the record as private remains in effect;
(ii)
that certain non-identifying information from the voter's voter registration record
may, under certain circumstances, be released to political parties and candidates
for public office;
(iii)
that the voter's name, driver license or identification card number, social security
number, email address, phone number, and the voter's day, month, and year of
birth will remain private and will not be released to political parties or candidates
for public office;
(iv)
that a county clerk will only release the information to political parties and
candidates in a manner that does not associate the information with a particular
voter; and
(v)
that a county clerk may, under certain circumstances, withhold other information
that the county clerk determines would reveal identifying information about the
voter.
(b)
The lieutenant governor may include in the notice described in this Subsection
(10)
a
statement that a voter may obtain additional information on the lieutenant governor's
website.
(c)
The plan described in Subsection
(10)(a)
may include providing the notice described
in Subsection
(10)(a)
by:
(i)
publication on the Utah Public Notice Website, created in Section
63A-16-601
;
(ii)
publication on the lieutenant governor's website or a county's website;
(iii)
posting the notice in public locations;
(iv)
publication in a newspaper;
(v)
sending notification to the voters by electronic means;
(vi)
sending notice by other methods used by government entities to communicate
with citizens; or
(vii)
providing notice by any other method.
(d)
The lieutenant governor shall provide the notice included in a plan described in this
Subsection
(10)
before June 16, 2023.
Section 2, Section
20A-11-1205
is amended to read:
20A-11-1205. Use of public email for a political purpose.
(1)
Except as provided in Subsection
(5)
, a person may not send an email using the email of
a public entity:
(a)
for a political purpose;
(b)
to advocate for or against a proposed initiative, initiative, proposed referendum,
referendum, a proposed bond, a bond, or any ballot proposition; or
(c)
to solicit a campaign contribution.
(2)
(a)
The lieutenant governor shall, after giving the person and the complainant notice
and an opportunity to be heard, impose a civil fine against a person who violates
Subsection
(1)
as follows:
(i)
up to $250 for a first violation; and
(ii)
except as provided in Subsection
(3)
, for each subsequent violation committed
after the lieutenant governor imposes a fine against the person for a first violation,
$1,000 multiplied by the number of violations committed by the person.
(b)
A person may, within 30 days after the day on which the lieutenant governor
imposes a fine against the person under this Subsection
(2)
, appeal the fine to a
district court.
(3)
The lieutenant governor shall consider a violation of this section as a first violation if
the violation is committed more than seven years after the day on which the person last
committed a violation of this section.
(4)
For purposes of this section, one violation means one act of sending an email, regardless
of the number of recipients of the email.
(5)
A person does not violate this section if:
(a)
the lieutenant governor finds that the email described in Subsection
(1)
was
inadvertently sent by the person using the email of a public entity;
(b)
the person is directly providing information solely to another person or a group of
people in response to a question asked by the other person or group of people;
(c)
the information the person emails is an argument or rebuttal argument prepared
under Section
20A-7-401.5
or
20A-7-402
, and the email includes each opposing
argument and rebuttal argument that:
(i)
relates to the same proposed initiative, initiative, proposed referendum, or
referendum; and
(ii)
complies with the requirements of Section
20A-7-401.5
or
20A-7-402
; or
(d)
the person is engaging in:
(i)
an internal communication solely within the public entity;
(ii)
a communication solely with another public entity;
(iii)
a communication solely with legal counsel;
(iv)
a communication solely with the sponsors of an initiative or referendum;
(v)
a communication solely with a land developer for a project permitted by a local
land use law that is challenged by a proposed referendum or a referendum; or
(vi)
a communication solely with a person involved in a business transaction directly
relating to a project described in Subsection
(5)(d)(v)
.
(6)
A violation of this section does not invalidate an otherwise valid election.
(7)
An email sent in violation of Subsection
(1)
, as determined by the records officer,
constitutes a record, as defined in Section
63G-2-103
, that is subject to the provisions of
Title 63G, Chapter 2, Government Records Access and Management Act
,
notwithstanding any applicability of Subsection
63G-2-103(26)(b)(i)
63G-2-103(27)(b)(i)
.
Section 3, Section
63A-12-117
is enacted to read:
63A-12-117. Summary of government records requirements -- Provision to
employee of a governmental entity.
(1)
As used in this section:
(a)
"Summary" means the one-page summary developed and updated by the division
under Subsection
(2)
.
(b)
"Summary" includes, in relation to a governmental entity that adopts an ordinance or
policy under Section
63G-2-701
, the supplement developed and updated by the
governmental entity in accordance with Subsection
(3)
.
(2)
The division shall:
(a)
before September 1, 2026, develop a one-page summary of Title 63G, Chapter 2,
Government Records Access and Management Act, to instruct an employee of a
governmental entity on legal requirements relating to records, including information
on:
(i)
a citizen's ability to access public records;
(ii)
the classification and retention of records;
(iii)
the confidentiality of records that are not public records;
(iv)
criminal penalties relating to government records; and
(v)
where the employee may obtain additional information on questions relating to
government records;
(b)
update the summary before September 1 each year; and
(c)
post a copy of the summary in a conspicuous place on the division's website.
(3)
A governmental entity that adopts an ordinance or policy under Section
63G-2-701
shall:
(a)
before November 1, 2026, develop a supplement to the summary described in
Subsection
(2)
that:
(i)
describes provisions in the ordinance or policy that differ from, or add to, the
provisions of the summary described in Subsection
(2)
; and
(ii)
does not exceed one page;
(b)
update the supplement before November 1 each year; and
(c)
post a copy of the supplement, with the summary described in Subsection
(2)
, in a
conspicuous place on the governmental entity's website.
(4)
A governmental entity described in Subsection
(3)
shall:
(a)
on an annual basis, within 30 days after the day on which the governmental entity
develops or updates the supplement described in Subsection
(3)
, provide each
employee of the governmental entity with a copy of the summary; and
(b)
within 30 days after the day on which the governmental entity hires an employee,
provide the employee with a copy of the summary.
(5)
A governmental entity, other than a governmental entity described in Subsection
(3)
,
shall:
(a)
on an annual basis, within 30 days after the day on which the division develops or
updates the summary, provide each employee of the governmental entity with a copy
of the summary; and
(b)
within 30 days after the day on which the governmental entity hires an employee,
provide the employee with a copy of the summary.
Section 4, Section
63G-2-103
is amended to read:
63G-2-103. Definitions.
As used in this chapter:
(1)
"Audit" means:
(a)
a systematic examination of financial, management, program, and related records for
the purpose of determining the fair presentation of financial statements, adequacy of
internal controls, or compliance with laws and regulations; or
(b)
a systematic examination of program procedures and operations for the purpose of
determining
their
the program's
effectiveness, economy, efficiency, and compliance
with statutes and regulations.
(2)
"Chief administrative officer" means the chief administrative officer of a governmental
entity who is responsible to fulfill the duties described in Section
63A-12-103
.
(3)
"Chronological logs" mean the regular and customary summary records of law
enforcement agencies and other public safety agencies that show:
(a)
the time and general nature of police, fire, and paramedic calls made to the agency;
and
(b)
any arrests or jail bookings made by the agency.
(4)
"Classification," "classify," and their derivative forms mean determining whether
"Classification" means the designation of
a record series, record, or information within a
record
is
as:

(a)
public
,
;

(b)
private
,
;

(c)
controlled
,
;

(d)
protected
,
;
or
(e)
exempt from disclosure under Subsection
63G-2-201(3)(b)
.
(5)
"Classify" means the process of designating or determining the classification of a record
series, record, or information within a record.
(5)
(6)
(a)
"Computer program" means:
(i)
a series of instructions or statements that
permit
permits
the functioning of a
computer system in a manner designed to provide storage, retrieval, and
manipulation of data from the computer system; and
(ii)
any associated documentation and source material that explain how to operate the
computer program.
(b)
"Computer program" does not mean:
(i)
the original data, including numbers, text, voice, graphics, and images;
(ii)
analysis, compilation, and other manipulated forms of the original data produced
by use of the program; or
(iii)
the mathematical or statistical formulas, excluding the underlying mathematical
algorithms contained in the program, that would be used if the manipulated forms
of the original data were to be produced manually.
(6)
(7)
(a)
"Contractor" means:
(i)
any
a
person who contracts with a governmental entity to provide goods or
services directly to a governmental entity; or
(ii)
any
a
private, nonprofit organization that receives funds from a governmental
entity.
(b)
"Contractor" does not
mean
include
a private provider.
(7)
(8)
"Controlled record" means a record containing data on
individuals
an individual

that is controlled as
provided by
described in
Section
63G-2-304
.
(8)
(9)
"Designation," "designate," and their derivative forms mean indicating
"Designate," in relation to a record series, means
, based on a governmental entity's
familiarity with a record series or based on a governmental entity's review of a
reasonable sample of a record series,
specifying
the primary classification that a
majority of records in a record series would be given if classified and the classification
that other records typically present in the record series would be given if classified.
(9)
(10)
"Elected official" means
each person
an individual
elected to a state office,
county office, municipal office, school board or school district office, special district
office, or special service district office, but does not include judges.
(10)
(11)
"Explosive" means a chemical compound, device, or mixture:
(a)
commonly used or intended for the purpose of producing an explosion; and
(b)
that contains oxidizing or combustive units or other ingredients in proportions,
quantities, or packing so that:
(i)
an ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases; and
(ii)
the resultant gaseous pressures are capable of:
(A)
producing destructive effects on contiguous objects; or
(B)
causing death or serious bodily injury.
(11)
(12)
"Government audit agency" means any governmental entity that conducts an
audit.
(12)
(13)
(a)
"Governmental entity" means:
(i)
executive department agencies of the state, the offices of the governor, lieutenant
governor, state auditor, attorney general, and state treasurer, the Board of Pardons
and Parole, the Board of Examiners, the National Guard, the Career Service
Review Office, the State Board of Education, the Utah Board of Higher
Education, and the State Archives;
(ii)
the Office of the Legislative Auditor General, Office of the Legislative Fiscal
Analyst, Office of Legislative Research and General Counsel, the Legislature, and
legislative committees, except any political party, group, caucus, or rules or sifting
committee of the Legislature;
(iii)
courts, the Judicial Council, the Administrative Office of the Courts, and similar
administrative units in the judicial branch;
(iv)
any state-funded institution of higher education or public education; or
(v)
any
a
political subdivision of the state,
but, if a political subdivision has adopted
an ordinance or a policy relating to information practices pursuant to Section
63G-2-701
, this chapter shall apply to the political subdivision to the extent
specified in Section
63G-2-701
or as specified in any other section of this chapter
that specifically refers to political subdivisions
except to the extent expressly
provided otherwise in this chapter, including to the extent otherwise provided in
Section
63G-2-701
.
(b)
"Governmental entity"
also means
includes
:
(i)
every office, agency, board, bureau, committee, department, advisory board, or
commission of an entity listed in Subsection
(12)(a)
(13)(a)
that is funded or
established by the government to carry out the public's business;
(ii)
as defined in Section
11-13-103
, an interlocal entity or joint or cooperative
undertaking, except for the Water District Water Development Council created
pursuant to Section
11-13-228
;
(iii)
as defined in Section
11-13a-102
, a governmental nonprofit corporation;
(iv)
an association as defined in Section
53G-7-1101
;
(v)
the Utah Independent Redistricting Commission; and
(vi)
a law enforcement agency, as defined in Section
53-1-102
, that employs one or
more law enforcement officers, as defined in Section
53-13-103
.
(c)
"Governmental entity" does not include the Utah Educational Savings Plan created in
Section
53H-10-202
.
(13)
(14)
"Government Records Office" means the same as that term is defined in Section
63A-12-201
.
(14)
(15)
"Gross compensation" means every form of remuneration payable for a given
period to an individual for services provided including salaries, commissions, vacation
pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind,
and any similar benefit received from the individual's employer.
(15)
(16)
"Individual" means a human being.
(16)
(17)
(a)
"Initial contact report" means an initial written or recorded report, however
titled, prepared by
peace officers
a peace officer who is
engaged in public patrol or
response duties
describing
that describes
official actions initially taken in response
to either a public complaint about or the discovery of an apparent violation of law,
which report may describe:
(i)
the date, time, location, and nature of the complaint, the incident, or offense;
(ii)
names of victims
the victim's name
;
(iii)
the nature or general scope of the agency's initial actions taken in response to the
incident;
(iv)
the general nature of any injuries or estimate of damages sustained in the incident;
(v)
the name, address, and other identifying information about
any person
an
individual who is
arrested or charged in connection with the incident; or
(vi)
the identity of the public safety personnel, except undercover personnel, or
prosecuting attorney involved in responding to the initial incident.
(b)
"
Initial contact
reports do
report" does
not include
:

(i)
a
follow-up or investigative
reports
report
prepared after the initial contact report
.
However, if the information specified in Subsection
(16)(a)
appears in follow-up
or investigative reports, it may only be treated confidentially if it is private,
controlled, protected, or exempt from disclosure under Subsection
63G-2-201(3)(b)
.
; or
(c)
(ii)
Initial contact reports do not include
an
accident
reports
report
, as that term
is described in Title
41, Chapter 6a, Part 4
, Accident Responsibilities.
(17)
(18)
"Legislative body" means the Legislature.
(19)
(a)
"Media representative" means an individual who requests a record to obtain
information for a story or report for a news publication or a news broadcast to the
general public.
(b)
"Media representative" does not include an individual who requests a record to
obtain information for a blog, podcast, social media account, or other mass
communication methods generally available for a member of the public to
disseminate opinions or information.
(18)
(20)
"Notice of compliance" means a statement confirming that a governmental entity
has complied with an order of the director of the Government Records Office.
(19)
"Person" means:
(a)
an individual;
(b)
a nonprofit or profit corporation;
(c)
a partnership;
(d)
a sole proprietorship;
(e)
other type of business organization; or
(f)
any combination acting in concert with one another.
(20)
(21)
"Private provider" means any person who contracts with a governmental entity to
provide services directly to the public.
(21)
(22)
"Private record" means a record containing data on
individuals
an individual

that is private as provided by Section
63G-2-302
.
(22)
(23)
"Protected record" means a record that is classified protected as provided by
Section
63G-2-305
.
(23)
(24)
"Public record" means a record that is not private, controlled, or protected and
that is not exempt from disclosure as provided in Subsection
63G-2-201(3)(b)
.
(24)
(25)
"Reasonable search" means a search that is:
(a)
reasonable in scope and intensity; and
(b)
not unreasonably burdensome for the government entity.
(26)
"Reasonable specificity" means that:
(a)
a request for a record or multiple records:
(i)
describes the requested record's or records' scope, nature, content, or subject; and
(ii)
for records that will be searched electronically, specifies the names, words, or
symbols to be used as search terms; and
(b)
the request has sufficient specificity to identify the record or records sought.
(25)
(27)
(a)
"Record" means
a book, letter, document, paper, map, plan, photograph,
film, card, tape, recording, electronic data, or other documentary material regardless
of physical form or characteristics
recorded information, regardless of medium,
characteristics, or location
:
(i)
that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii)
where all of the information in the original is reproducible by photocopy or other
mechanical or electronic means.
(b)
"Record" does not include:
(i)
a personal note or personal communication prepared or received by an employee
or officer of a governmental entity:
(A)
in a capacity other than the employee's or officer's governmental capacity; or
(B)
that is unrelated to the conduct of the public's business;
(ii)
a temporary draft or similar material prepared for the originator's personal use or
prepared by the originator for the personal use of an individual for whom the
originator is working;
(iii)
material that is legally owned by an individual in the individual's private capacity;
(iv)
material to which access is limited by the laws of copyright or patent unless the
copyright or patent is owned by a governmental entity or political subdivision;
(v)
proprietary software;
(vi)
junk mail or a commercial publication received by a governmental entity or an
official or employee of a governmental entity;
(vii)
a book that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public;
(viii)
material that is cataloged, indexed, or inventoried and contained in the
collections of a library open to the public, regardless of physical form or
characteristics of the material;
(ix)
a daily calendar ;
(x)
a note prepared by the originator for the originator's own use or for the sole use of
an individual for whom the originator is working;
(xi)
a computer program that is developed or purchased by or for
any
a

governmental entity for
its
the governmental entity's
own use;
(xii)
a note or internal memorandum prepared as part of the deliberative process by:
(A)
a member of the judiciary;
(B)
an administrative law judge;
(C)
a member of the Board of Pardons and Parole; or
(D)
a member of any other body, other than an association or appeals panel as
defined in Section
53G-7-1101
, charged by law with performing a
quasi-judicial function;
(xiii)
a telephone number or similar code used to access a mobile communication
device that is used by an employee or officer of a governmental entity, provided
that the employee or officer of the governmental entity has designated at least one
business telephone number that is a public record as provided in Section
63G-2-301
;
(xiv)
information provided by the Public Employees' Benefit and Insurance Program,
created in Section
49-20-103
, to a county to enable the county to calculate the
amount to be paid to a health care provider under Subsection
17-63-706(2)(e)(ii)
;
(xv)
information that an owner of unimproved property provides to a local entity as
provided in Section
11-42-205
;
(xvi)
a video or audio recording of an interview, or a transcript of the video or audio
recording, that is conducted at a Children's Justice Center established under
Section
67-5b-102
;
(xvii)
child sexual abuse material, as defined by Section
76-5b-103
;
(xviii)
before final disposition of an ethics complaint occurs, a video or audio
recording of the closed portion of a meeting or hearing of:
(A)
a Senate or House Ethics Committee;
(B)
the Independent Legislative Ethics Commission;
(C)
the Independent Executive Branch Ethics Commission, created in Section
63A-14-202
; or
(D)
the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
;
(xix)
confidential communication described in Section
58-60-102
,
58-61-102
, or
58-61-702
;
(xx)
any item described in Subsection
(25)(a)
(27)(a)
that is:
(A)
described in Subsection
63G-2-305(17)
,
(18),
or
(23)(b)
; and
(B)
shared between any of the following entities:
(I)
the Division of Risk Management;
(II)
the Office of the Attorney General;
(III)
the governor's office; or
(IV)
the Legislature;
(xxi)
the email address that a candidate for elective office provides to a filing officer
under Subsection
20A-9-201(5)(c)(ii)
or
20A-9-203(4)(c)(iv)
; or
(xxii)
except as provided in Sections
31A-16-105
,
31A-16-107.5
, and
27a-3-303
, an
investment policy, or information related to an investment policy, provided to the
insurance commissioner as described in Title
31A, Chapter 18
, Investments.
(28)
"Record request" means a request for a record under Section
63G-2-204
.
(26)
(29)
"Record series" means a group of records that may be treated as a unit for
purposes of designation, description, management, or disposition.
(27)
(30)
"Records officer" means
the
an
individual appointed by
the
a
chief
administrative officer of each governmental entity
, or the
in accordance with Section
63A-12-103
, or by a
political subdivision to work with state archives in the care,
maintenance, scheduling, designation, classification, disposal, and preservation of
records.
(28)
(31)
"Schedule,"
"scheduling," and their derivative forms mean
when used as a verb,
means:

(a)
the process of specifying the length of time each record series should be retained by a
governmental entity for administrative, legal, fiscal, or historical purposes
;
and
(b)
when each record series should be transferred to the state archives or destroyed.
(29)
(32)
"Sponsored research" means research, training, and other sponsored activities as
defined by the federal Executive Office of the President, Office of Management and
Budget:
(a)
conducted:
(i)
by an institution within the state system of higher education described in Section
53H-1-102
; and
(ii)
through an office responsible for sponsored projects or programs; and
(b)
funded or otherwise supported by an external:
(i)
person that is not created or controlled by the institution within the state system of
higher education; or
(ii)
federal, state, or local governmental entity.
(30)
(33)
"State archives" means the Division of Archives and Records Service created in
Section
63A-12-101
.
(31)
(34)
"State archivist" means the director of the state archives.
(32)
(35)
"Summary data" means statistical records and compilations that contain data
derived from private, controlled, or protected information but that do not disclose
private, controlled, or protected information.
Section 5, Section
63G-2-107
is amended to read:
63G-2-107. Disclosure of records subject to federal law or other provisions of
state law.
(1)
(a)
The disclosure of a record to which access is governed or limited pursuant to court
rule, another state statute, federal statute, or federal regulation, including a record for
which access is governed or limited as a condition of participation in a state or
federal program or for receiving state or federal funds, is governed by the specific
provisions of that statute, rule, or regulation.
(b)
Except as provided in Subsections
(2)
and
(3)
, this chapter applies to records
described in Subsection
(1)(a)
to the extent that this chapter is not inconsistent with
the statute, rule, or regulation.
(2)
Except as provided in Subsection
(4)
, this chapter does not apply to a record containing
protected health information as defined in 45 C.F.R., Part 164, Standards for Privacy of
Individually Identifiable Health Information,
or to any portion of the record,
if the
record is:
(a)
controlled or maintained by a governmental entity; and
(b)
governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually
Identifiable Health Information.
(3)
The disclosure of an education record as defined in the Family Educational Rights and
Privacy Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity is
governed by the Family Educational Rights and Privacy Act, 34 C.F.R.
Part 99.
(3)
(a)
As used in this Subsection
(3)
, "education records" means the same as that term is
defined in the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
(b)
Except as provided in Subsection
(4)
, this chapter does not apply to education
records,as that term is defined in 20 U.S.C Sec. 1232g(a)(4) of the Family
Educational Rights and Privacy Act, or to any portion of an educational record,
regardless of whether the education records were requested before May 6, 2026, or
on or after May 6, 2026.
(c)
A governmental entity that is subject to the Family Educational Rights and Privacy
Act, 20 U.S.C. Sec. 1232g, shall respond to a request for access to education records
in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C.
Sec.1232g.
(4)
This section does not exempt any record or record series from the provisions of
Subsection
63G-2-601
(1).
Section 6, Section
63G-2-201
is amended to read:
63G-2-201. Provisions relating to records -- Public records -- Private, controlled,
protected, and other restricted records -- Disclosure and nondisclosure of records --
Certified copy of record -- Limits on obligation to respond to record request.
(1)
(a)
Except as provided in Subsection
(1)(b)
, a person has the right to inspect a public
record free of charge, and the right to take a copy of a public record during normal
working hours, subject to Sections
63G-2-203
and
63G-2-204
.
(b)
A right under Subsection
(1)(a)
does not apply with respect to a record:
(i)
a copy of which the governmental entity has already provided to the person;
(ii)
that is the subject of a records request that the governmental entity is not required
to fill under Subsection
(7)(a)(v)
; or
(iii)
(A)
that is accessible only by a computer or other electronic device owned or
controlled by the governmental entity;
(B)
that is part of an electronic file that also contains a record that is private,
controlled, or protected; and
(C)
that the governmental entity cannot readily segregate from the part of the
electronic file that contains a private, controlled, or protected record.
(2)
A record is public unless otherwise expressly provided by statute.
(3)
The following records are not public:
(a)
a record that is private, controlled, or protected under Sections
63G-2-302
,
63G-2-303
,
63G-2-304
, and
63G-2-305
; and
(b)
a record to which access is restricted pursuant to court rule, another state statute,
federal statute, or federal regulation, including records for which access is governed
or restricted as a condition of participation in a state or federal program or for
receiving state or federal funds.
(4)
Only a record specified in Section
63G-2-302
,
63G-2-303
,
63G-2-304
, or
63G-2-305

may be classified private, controlled, or protected.
(5)
(a)
A governmental entity may not disclose a record that is private, controlled, or
protected to any person except as provided in Subsection
(5)(b)
, Subsection
(5)(c)
,
Section
63G-2-202
,
63G-2-206
, or
63G-2-303
.
(b)
A governmental entity may disclose a record that is private under Subsection
63G-2-302(2)
or protected under Section
63G-2-305
to
persons
a person
other than
those
a person
specified in Section
63G-2-202
or
63G-2-206
if the
head of a
governmental entity, or a designee,
chief administrative officer or records officer

determines that:
(i)
there is no interest in restricting access to the record; or
(ii)
the interests favoring access are greater than or equal to the interest favoring
restriction of access.
(c)
In addition to the disclosure under Subsection
(5)(b)
, a governmental entity may
disclose a record that is protected under Subsection
63G-2-305(51)
if:
(i)
the
head of the governmental entity, or a designee,
chief administrative officer or
records officer
determines that the disclosure:
(A)
is mutually beneficial to:
(I)
the subject of the record;
(II)
the governmental entity; and
(III)
the public; and
(B)
serves a public purpose related to:
(I)
public safety; or
(II)
consumer protection; and
(ii)
the person who receives the record from the governmental entity agrees not to use
or allow the use of the record for advertising or solicitation purposes.
(6)
A governmental entity shall provide a person with a certified copy of a record if:
(a)
the person requesting the record has a right to inspect it;
(b)
the person identifies the record with reasonable specificity; and
(c)
the person pays the lawful fees.
(7)
(a)
In response to a request, a governmental entity is not required to:
(i)
create a record;
(ii)
compile, format, manipulate, package, summarize, or tailor information;
(iii)
provide a record in a particular format, medium, or program not currently
maintained by the governmental entity;
(iv)
fulfill a person's records request if the request unreasonably duplicates prior
records requests from that person;
(v)
fill a person's records request if:
(A)
the record requested is:
(I)
publicly accessible online; or
(II)
included in a public publication or product produced by the governmental
entity receiving the request; and
(B)
the governmental entity:
(I)
specifies to the person requesting the record where the record is accessible
online; or
(II)
provides the person requesting the record with the public publication or
product and specifies where the record can be found in the public
publication or product; or
(vi)
fulfill a person's records request if:
(A)
the person has been determined under Section
63G-2-209
to be a vexatious
requester;
(B)
the order of the director of the Government Records Office determining the
person to be a vexatious requester provides that the governmental entity is not
required to fulfill a request from the person for a period of time; and
(C)
the period of time described in Subsection
(7)(a)(vi)(B)
has not expired.
(b)
A governmental entity shall conduct a reasonable search for a requested record.
(8)
(a)
Although not required to do so, a governmental entity may, upon request from the
person who submitted the records request, compile, format, manipulate, package,
summarize, or tailor information or provide a record in a format, medium, or program
not currently maintained by the governmental entity.
(b)
In determining whether to fulfill a request described in Subsection
(8)(a)
, a
governmental entity may consider whether the governmental entity is able to fulfill
the request without unreasonably interfering with the governmental entity's duties
and responsibilities.
(c)
A governmental entity may require a person who makes a request under Subsection
(8)(a)
to pay the governmental entity, in accordance with Section
63G-2-203
, for
providing the information or record as requested.
(9)
(a)
Notwithstanding any other provision of this chapter, and subject to Subsection
(9)(b)
, a governmental entity is not required to respond to, or provide a record in
response to, a record request if the request is submitted by or in behalf of an
individual who is on parole or confined in a jail or other correctional facility
following the individual's conviction.
(b)
Subsection
(9)(a)
does not apply to:
(i)
the first five record requests submitted to the governmental entity by or in behalf
of an individual described in Subsection
(9)(a)
during any calendar year
requesting only a record that contains a specific reference to the individual; or
(ii)
a record request that is submitted by an attorney of an individual described in
Subsection
(9)(a)
.
(10)
(a)
A governmental entity may allow a person requesting more than 50 pages of
records to copy the records if:
(i)
the records are contained in files that do not contain records that are exempt from
disclosure, or the records may be segregated to remove private, protected, or
controlled information from disclosure; and
(ii)
the governmental entity provides reasonable safeguards to protect the public from
the potential for loss of a public record.
(b)
If the requirements of Subsection
(10)(a)
are met, the governmental entity may:
(i)
provide the requester with the facilities for copying the requested records and
require that the requester make the copies; or
(ii)
allow the requester to provide the requester's own copying facilities and personnel
to make the copies at the governmental entity's offices and waive the fees for
copying the records.
(11)
(a)
A governmental entity that owns an intellectual property right and that offers the
intellectual property right for sale or license may control by ordinance or policy the
duplication and distribution of the material based on terms the governmental entity
considers to be in the public interest.
(b)
Nothing in this chapter
shall be construed to limit or impair
limits or impairs
the
rights or protections granted to the governmental entity under federal copyright or
patent law as a result of
its ownership of
the intellectual property right
ownership
.
(12)
A governmental entity may not use the physical form, electronic or otherwise, in
which a record is stored to deny, or unreasonably hinder the rights of a person to inspect
and receive a copy of a record under this chapter.
(13)
Subject to the requirements of Subsection
(7)
, a governmental entity shall provide
access to an electronic copy of a record in lieu of providing access to
its
the record's

paper equivalent if:
(a)
the person making the request requests or states a preference for an electronic copy;
(b)
the governmental entity currently maintains the record in an electronic format that is
reproducible and may be provided without reformatting or conversion; and
(c)
the electronic copy of the record:
(i)
does not disclose other records that are exempt from disclosure; or
(ii)
may be segregated to protect private, protected, or controlled information from
disclosure without the undue expenditure of public resources or funds.
(14)
In determining whether a record is properly classified as private under Subsection
63G-2-302(2)(d)
, the governmental entity, the director of the Government Records
Office, local appeals board, or court shall consider and weigh:
(a)
any personal privacy
interests
interest
, including
those
a personal privacy interest

in images, that would be affected by disclosure of the records
in question
; and
(b)
any public
interests
interest
served by disclosure.
Section 7, Section
63G-2-203
is amended to read:
63G-2-203. Fees.
(1)
(a)
Subject to Subsection
(5)
, a governmental entity may charge a reasonable fee to
cover the governmental entity's actual cost of providing a record.
(b)
A fee
under
described in
Subsection
(1)(a)
shall be approved by the governmental
entity's executive officer.
(2)
(a)
When a governmental entity compiles a record in a form other than that normally
maintained by the governmental entity, the
The
actual costs under this section may
include the following:
(i)
the cost of staff time for compiling, formatting, manipulating, packaging,
summarizing, or tailoring the record either into an organization or media to meet
the person's request;
(ii)
the cost of staff time for search, retrieval, and other direct administrative costs for
complying with a request; and
(iii)
in the case of fees
for a record that is the result of computer output other than
word processing,
in addition to costs described in Subsections
(2)(a)(i)
and
(ii)
,
the actual incremental cost of providing the electronic services and products
together with a reasonable portion of the costs associated with formatting or
interfacing the information for particular users
, and the administrative costs as set
forth in Subsections
(2)(a)(i)
and
(ii)
.
(b)
An hourly charge under Subsection
(2)(a)
may not exceed the salary of the lowest
paid employee who, in the discretion of the custodian of records, has the necessary
skill and training to perform the request.
(3)
(a)
Fees shall be established as provided in this Subsection
(3)
.
(b)
A governmental entity with fees established by the Legislature:
(i)
shall establish the fees defined in Subsection
(2)
, or other actual costs associated
with this section through the budget process; and
(ii)
may use the procedures of Section
63J-1-504
to set fees until the Legislature
establishes fees through the budget process.
(c)
Political subdivisions shall establish fees by ordinance or written formal policy
adopted by the governing body.
(d)
The judiciary shall establish fees by rules of the judicial council.
(4)
A governmental entity may fulfill a record request without charge
,
and is encouraged to
do so if it
, if the governmental entity
determines that:
(a)
releasing the record primarily benefits the public rather than a person;
(b)
the individual requesting the record is the subject of the record, or an individual
specified in Subsection
63G-2-202(1)
or
(2)
; or
(c)
the requester's legal rights are directly implicated by the information in the record,
and the requester is impecunious.
(5)
(a)
As used in this Subsection
(5)
, "media representative":
(i)
means a person who requests a record to obtain information for a story or report
for publication or broadcast to the general public; and
(ii)
does not include a person who requests a record to obtain information for a blog,
podcast, social media account, or other means of mass communication generally
available to a member of the public.
(b)
(a)
A governmental entity may not charge a fee for:
(i)
reviewing a record to determine whether it is subject to disclosure, except as
permitted by Subsection
(2)(a)(ii)
;
(ii)
inspecting a record; or
(iii)
the first quarter hour of staff time spent in responding to a request under Section
63G-2-204
.
(c)
(b)
Notwithstanding Subsection
(5)(b)(iii)
(5)(a)(iii)
, a governmental entity is not
prevented from charging a fee for the first quarter hour of staff time spent in
responding to a request under Section
63G-2-204
if the person who submits the
request:
(i)
is not a Utah media representative; and
(ii)
previously submitted a separate request within the 10-day period immediately
before the date of the request to which the governmental entity is responding.
(6)
(a)
A person who believes that there has been an unreasonable denial of a fee waiver
under Subsection
(4)
may appeal the denial in the same manner as
a person appeals
when inspection of a public record is denied
a denial
under Section
63G-2-205
.
(b)
The adjudicative body hearing the appeal:
(i)
shall review the fee waiver de novo
, but
;

(ii)
notwithstanding Subsection
(6)(b)(i)
,
shall review and consider the governmental
entity's denial of the fee waiver and any determination under Subsection
(4)
; and
(ii)
(iii)
has the same authority when a fee waiver or reduction is denied as
it
the
adjudicative body
has when the inspection of a public record is denied.
(c)
An adjudicative body hearing an appeal under this Subsection
(6)
is not required to
schedule a hearing if the adjudicative body previously upheld a fee waiver denial for
a fee charged under this section:
(i)
for the same records; or
(ii)
under the same facts or circumstances applicable to the matter appealed under this
Subsection
(6)
.
(7)
(a)
If a governmental entity denies a fee waiver request under this section, the
governmental entity shall inform the requester of the estimated cost of fulfilling the
record request.
(b)
The governmental entity shall provide the requester with an opportunity, no later
than 10 business days after the day on which the governmental entity provides notice
of the estimated cost, to:
(i)
agree to pay the estimated fees; or
(ii)
cancel the record request.
(c)
If the requester fails to respond within the time described in Subsection
(7)(b)
, the
governmental entity may not consider the request.
(d)
Nothing in this Subsection
(7)
prevents a requester from submitting a new record
request.
(7)
(8)
(a)
All fees received under this section by a governmental entity subject to
Subsection
(3)(b)
shall be retained by the governmental entity as a dedicated credit.
(b)
Those funds shall be used to recover the actual cost and expenses incurred by the
governmental entity in providing the requested record or record series.
(8)
(9)
(a)
A
Subject to Subsections
(9)(c)
and (d), a
governmental entity may require
payment of past fees and future estimated fees before beginning to process a request
if:
(i)
fees are expected to exceed $50; or
(ii)
after the government entity has sent an invoice, the requester has not paid fees
from a previous request.
(b)
Any prepaid amount in excess of fees due shall be returned to the requester.
(c)
A governmental entity that receives a request from a requester that has not paid fees
owed by the requester for a previous request may refuse to respond to the request
until the requester pays the amount owed for the previous request, if, within the time
period described in Subsection
63G-2-204(4)
, the governmental entity notifies the
requester, in writing:
(i)
of the amount owed for the previous request;
(ii)
of the request to which the amount owed relates; and
(iii)
that the governmental entity will not respond to the request until the requester
pays the amount owed for the previous request.
(d)
The notification described in Subsection
(9)(c)
is not a denial under Section
63G-2-205
.
(9)
(10)
This section does not alter, repeal, or reduce fees established by other statutes or
legislative acts.
(10)
(11)
(a)
Notwithstanding Subsection
(3)(c)
, fees for voter registration records shall
be set as provided in this Subsection
(10)
(11)
.
(b)
The lieutenant governor shall:
(i)
after consultation with county clerks, establish uniform fees for voter registration
and voter history records that meet the requirements of this section; and
(ii)
obtain legislative approval of those fees by following the procedures and
requirements of Section
63J-1-504
.
Section 8, Section
63G-2-204
is amended to read:
63G-2-204. Record request -- Response -- Time for responding.
(1)
(a)
A person
making a request for a record
who makes a record request
shall submit
to the governmental entity that retains the record a written request containing:
(i)
the person's:
(A)
name;
(B)
mailing address;
(C)
email address, if the person has an email address and is willing to accept
communications by email relating to the person's
records
record
request; and
(D)
daytime telephone number; and
(ii)
a description of the record requested that identifies the record with reasonable
specificity.
(b)
(i)
A single record request may not be submitted to multiple governmental entities.
(ii)
Subsection
(1)(b)(i)

may not be construed to
does not
prevent a person from
submitting a separate record request to
each of
multiple governmental entities,
even if each
of the separate requests
separate request
seeks access to the same
record.
(c)
When making a record request, the requester may seek an expedited response to the
request if the requester provides an explanation of how the expedited response
benefits the public rather than the requester.
(d)
Subject to Subsection
(1)(f)
, a governmental entity may reject a record request that
does not comply with the requirements described in Subsection
(1)(a)
.
(e)
The rejection of a record request under Subsection
(1)(d)
does not constitute an
access denial as defined in Section
63G-2-400.5
.
(f)
If a governmental entity rejects a record request under Subsection
(1)(d)
because the
description of the record requested fails to identify the record with reasonable
specificity, the governmental entity shall make a good faith effort to assist the
requester in providing reasonable specificity.
(2)
(a)
In response to a
request for a record
record request
, a governmental entity may
not provide a record that
it has received
the governmental entity receives
under
Section
63G-2-206
as a shared record.
(b)
If a governmental entity is prohibited from providing a record under Subsection
(2)(a)
,
the governmental entity shall:
(i)
deny the
records
record
request; and
(ii)
inform the person making the request of the identity
provide the requester with
the name
of the governmental entity from which the shared record was received.
(3)
A governmental entity may make rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, specifying where and to whom
requests for access
shall be
a record request must be
directed.
(4)
After receiving a request for a record, a governmental entity shall:
(a)
review each request that seeks an expedited response and notify, within five
business days after receiving the request, each requester that has not demonstrated
that their record request benefits the public rather than the person that their response
will not be expedited; and
(b)
as soon as reasonably possible, but no later than 10 business days after receiving a
written request, or five business days after receiving a written request if the requester
demonstrates that expedited response to the record request benefits the public rather
than the person:
(i)
approve the request and provide a copy of the record;
(ii)
deny the request in accordance with the procedures and requirements of Section
63G-2-205
;
(iii)
notify the requester that it does not maintain the record requested and provide, if
known, the name and address of the governmental entity that does maintain the
record; or
(iv)
notify the requester that because of one of the extraordinary circumstances listed
in Subsection
(6)
, it cannot immediately approve or deny the request, and include
with the notice:
(A)
a description of the circumstances that constitute the extraordinary
circumstances; and
(B)
the date when the records will be available, consistent with the requirements
of Subsection
(7)
.
(4)
After a governmental entity receives a written record request, if the requester seeks an
expedited response in accordance with Subsection
(1)(c)
, the governmental entity shall:
(a)
review the request to determine if an expedited response:
(i)
is warranted, because the expedited response benefits the public rather than the
requester as described in Subsection
(1)(c)
; and
(ii)
is reasonably possible under the circumstances;
(b)
no later than five business days after the day on which the governmental entity
receives the request:
(i)
if the governmental entity determines that an expedited response is warranted and
reasonably possible under the circumstances, respond to the record request in
accordance with the requirements of this chapter; or
(ii)
if the governmental entity determines that an expedited response is not warranted
or is not reasonably possible under the circumstances:
(A)
deny the request for an expedited response;
(B)
notify the requester of the determination and the grounds for the
determination; and
(C)
inform the requester that the governmental entity will respond to the record
request as a non-expedited request, in accordance with the requirements of law;
and
(c)
if the governmental entity denies the request for an expedited response under
Subsection
(4)(b)(ii)
, respond to the record request under Subsection
(5)
.
(5)
After a governmental entity receives a record request, if the requester does not seek an
expedited response in accordance with Subsection
(1)(c)
, or if the governmental entity
denies a request for an expedited response under Subsection
(4)(b)(ii)
, the governmental
entity shall, no later than 15 business days after the day on which the governmental
entity receives the request:
(a)
approve the request and provide the requester with a copy of the record;
(b)
approve the request, subject to the payment of a fee in accordance with Section
63G-2-203
;
(c)
deny the request in accordance with Section
63G-2-205
;
(d)
notify the requester that the governmental entity does not retain the record and
provide the requester with the name and address of the governmental entity that
maintains the record, if known;
(e)
notify the requester that the governmental entity:
(i)
conducted a reasonable search for the record; and
(ii)
was unable to locate a record that is responsive to the request; or
(f)
notify the requester that because of an exceptional circumstance, as described in
Subsection
(7)
, the governmental entity is unable to immediately approve or deny the
record request, and include with the notice:
(i)
a description of the circumstance that constitutes the exceptional circumstance; and
(ii)
the anticipated date when the record request will be fulfilled.
(5)
(6)
Any person who requests a record
A media representative who makes a record
request
to obtain information for a story or report for publication or broadcast to the
general public is presumed to be acting to benefit the public rather than
a person
the
media representative
.
(6)
(7)
The following circumstances constitute
"extraordinary circumstances"
exceptional
circumstances
that allow a governmental entity to delay approval or denial by an
additional period of time as
specified
described
in Subsection
(7)
(8)
if the
governmental entity determines that
,
due to the
extraordinary circumstances it
exceptional circumstances, the governmental entity
cannot respond within the time
limits provided in Subsection
(4)
described in Subsection
(5)
:
(a)
another governmental entity is using the record, in which case the originating
governmental entity shall promptly request that the governmental entity currently in
possession return the record;
(b)
another governmental entity is using the record as part of an audit, and returning the
record before the completion of the audit would impair the conduct of the audit;
(c)
(i)
the request is for a voluminous quantity of records or a record series containing
a substantial number of records; or
(ii)
the requester seeks a substantial number of records or records series in requests
filed within five working days of each other;
(d)
the governmental entity is currently processing a large number of records requests;
(e)
the request requires the governmental entity to review a large number of records to
locate the records requested;
(f)
the decision to release a record involves legal issues that require the governmental
entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations,
or case law;
(g)
segregating information that the requester is entitled to inspect from information that
the requester is not entitled to inspect requires extensive
time or
editing; or
(h)
segregating information that the requester is entitled to inspect from information that
the requester is not entitled to inspect requires computer programming.
(7)
(8)
If one of the extraordinary circumstances listed
If an exceptional circumstance
described
in Subsection
(6)
(7)
precludes approval or denial within the time
specified
in Subsection
(4)
described in Subsection
(5)
, the following time limits apply to the
extraordinary circumstances
exceptional circumstance
:
(a)
for claims under Subsection
(6)(a)
(7)(a)
, the governmental entity currently in
possession of the record shall return the record to the originating entity within five
business days
of
after the day of
the request for the return unless returning the
record would impair the
holder's
governmental entity's
work;
(b)
for claims under Subsection
(6)(b)
(7)(b)
, the originating governmental entity shall
notify the requester when the record is available for inspection and copying;
(c)
for claims under
Subsections
(6)(c)
,
(d)
, and
(e)
Subsection
(7)(c)
, (d), or (e)
, the
governmental entity shall:
(i)
disclose the records
that it has located which
the governmental entity locates that

the requester is entitled to inspect;
(ii)
provide the requester with
an estimate of the amount of time it will take to finish
the work required
a time estimate that the governmental entity needs
to respond to
the request;
(iii)
complete the work and disclose those records that the requester is entitled to
inspect as soon as reasonably possible; and
(iv)
for
any
a
person that does not establish a right to an expedited response as
authorized by
described in
Subsection
(4)
, a governmental entity may
choose to
:
(A)
require the person to
provide for copying of the records as provided
copy the
records as described
in Subsection
63G-2-201(10)
; or
(B)
treat a request for multiple records as separate record requests, and respond
sequentially to each request
treat a request for multiple records as multiple
requests and respond to each request sequentially and separately
;
(d)
for claims under Subsection
(6)(f)
(7)(f)
, the governmental entity shall either
approve or deny the request within five business days after the
response time
specified for the original request has expired
day of the deadline described in
Subsection
(5)
;
(e)
for claims under Subsection
(6)(g)
(7)(g)
, the governmental entity shall
, to the
extent reasonably possible,
fulfill the request
within 15
no later than 20
business
days
from the date of the original request
after the day on which the governmental
entity receives the request
; or
(f)
for claims under Subsection
(6)(h)
(7)(h)
, the governmental entity shall complete
its
the necessary computer
programming and disclose the requested records as soon as
reasonably possible
and no later than 12 months from the day the governmental entity
receives the request
.
(8)
(9)
(a)
If
a request for access is submitted to
an office of a governmental entity
other than that specified by rule in accordance with Subsection
(3)
,
receives a record
request,
the office shall promptly forward the request to the appropriate office.
(b)
If the request is forwarded promptly, the time limit for response begins when the
request is received by the office specified by rule.
(9)
(10)
If the governmental entity fails to provide the requested records or issue a denial
within the specified time period, that failure is considered the equivalent of a
determination denying access to the record
If a governmental entity fails to respond to a
record request within the time allowed under this section, the failure to respond is
considered an access denial, as defined in Section
63G-2-400.5
.
Section 9, Section
63G-2-301
is amended to read:
63G-2-301. Public records.
(1)
As used in this section:
(a)
"Business address" means a single address of a governmental agency designated for
the public to contact an employee or officer of the governmental agency.
(b)
"Business email address" means a single email address of a governmental agency
designated for the public to contact an employee or officer of the governmental
agency.
(c)
"Business telephone number" means a single telephone number of a governmental
agency designated for the public to contact an employee or officer of the
governmental agency.
(d)
"Correctional facility" means the same as that term is defined in Section
77-16b-102
.
(2)
The following records are public except to the extent they contain information expressly
permitted to be treated confidentially under the provisions of Subsections
63G-2-201(3)(b)
and
(6)(a)
:
(a)
laws;
(b)
the name, gender, gross compensation, job title, job description, business address,
business email address, business telephone number, number of hours worked per pay
period, dates of employment, and relevant education, previous employment, and
similar job qualifications of a current or former employee or officer of the
governmental entity, excluding:
(i)
undercover law enforcement personnel; and
(ii)
investigative personnel if disclosure could reasonably be expected to impair the
effectiveness of investigations or endanger any individual's safety;
(c)
final opinions, including concurring and dissenting opinions, and orders that are
made by a governmental entity in an administrative, adjudicative, or judicial
proceeding except that if the proceedings were properly closed to the public, the
opinion and order may be withheld to the extent that they contain information that is
private, controlled, or protected;
(d)
final interpretations of statutes or rules by a governmental entity unless classified as
protected as provided in Subsection
63G-2-305(17)
or
(18)
;
(e)
information contained in or compiled from a transcript, minutes, or report of the open
portions of a meeting of a governmental entity as provided by
Title 52, Chapter 4,
Open and Public Meetings Act
, including the records of all votes of each member of
the governmental entity;
(f)
judicial records unless a court orders the records to be restricted under the rules of
civil or criminal procedure or unless the records are private under this chapter;
(g)
unless otherwise classified as private under Section
63G-2-303
, records or parts of
records filed with or maintained by county recorders, clerks, treasurers, surveyors,
zoning commissions, the Division of Forestry, Fire, and State Lands, the School and
Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the
Division of Water Rights, or other governmental entities that give public notice of:
(i)
titles or encumbrances to real property;
(ii)
restrictions on the use of real property;
(iii)
the capacity of persons to take or convey title to real property; or
(iv)
tax status for real and personal property;
(h)
records of the Department of Commerce that evidence incorporations, mergers, name
changes, and uniform commercial code filings;
(i)
data on individuals that would otherwise be private under this chapter if the
individual who is the subject of the record has given the governmental entity written
permission to make the records available to the public;
(j)
documentation of the compensation that a governmental entity pays to a contractor or
private provider;
(k)
summary data;
(l)
voter registration records, including an individual's voting history, except for a voter
registration record or those parts of a voter registration record that are classified as
private under Subsections
63G-2-302(1)(j)
through (n) or withheld under Subsection
20A-2-104(7)
;
(m)
for an elected official, as defined in Section
11-47-102
, a telephone number, if
available, and email address, if available, where that elected official may be reached
as required in
Title 11, Chapter 47, Access to Elected Officials
;
(n)
for a school community council member, a telephone number, if available, and email
address, if available, where that elected official may be reached directly as required
in Section
53G-7-1203
;
(o)
annual audited financial statements of the Utah Educational Savings Plan described
in Section
53H-10-210
; and
(p)
an initiative packet, as defined in Section
20A-7-101
, and a referendum packet, as
defined in Section
20A-7-101
, after the packet is submitted to a county clerk.
(3)
The following records are normally public, but to the extent that a record is expressly
exempt from disclosure, access may be restricted under Subsection
63G-2-201(3)(b)
,
Section
63G-2-302
,
63G-2-304
, or
63G-2-305
:
(a)
administrative staff manuals, instructions to staff, and statements of policy;
(b)
records documenting a contractor's or private provider's compliance with the terms
of a contract with a governmental entity;
(c)
records documenting the services provided by a contractor or a private provider to
the extent the records would be public if prepared by the governmental entity;
(d)
contracts entered into by a governmental entity;
(e)
any account, voucher, or contract that deals with the receipt or expenditure of funds
by a governmental entity;
(f)
records relating to government assistance or incentives publicly disclosed, contracted
for, or given by a governmental entity, encouraging a person to expand or relocate a
business in Utah, except as provided in Subsection
63G-2-305(35)
;
(g)
subject to Subsection
(5)
,
chronological logs and initial contact reports;
(h)
correspondence by and with a governmental entity in which the governmental entity
determines or states an opinion upon the rights of the state, a political subdivision,
the public, or any person;
(i)
empirical data contained in drafts if:
(i)
the empirical data is not reasonably available to the requester elsewhere in similar
form; and
(ii)
the governmental entity is given a reasonable opportunity to correct any errors or
make nonsubstantive changes before release;
(j)
drafts that are circulated to anyone other than:
(i)
a governmental entity;
(ii)
a political subdivision;
(iii)
a federal agency if the governmental entity and the federal agency are jointly
responsible for implementation of a program or project that has been legislatively
approved;
(iv)
a government-managed corporation; or
(v)
a contractor or private provider;
(k)
drafts that have never been finalized but were relied upon by the governmental entity
in carrying out action or policy;
(l)
original data in a computer program if the governmental entity chooses not to
disclose the program;
(m)
arrest warrants after issuance, except that, for good cause, a court may order
restricted access to arrest warrants prior to service;
(n)
search warrants after execution and filing of the return, except that a court, for good
cause, may order restricted access to search warrants prior to trial;
(o)
records that would disclose information relating to formal charges or disciplinary
actions against a past or present governmental entity employee if:
(i)
the disciplinary action has been completed and all time periods for administrative
appeal have expired; and
(ii)
the charges on which the disciplinary action was based were sustained;
(p)
records maintained by the Division of Forestry, Fire, and State Lands, the School and
Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
evidence mineral production on government lands;
(q)
final audit reports;
(r)
occupational and professional licenses;
(s)
business licenses;
(t)
a notice of violation, a notice of agency action under Section
63G-4-201
, or similar
records used to initiate proceedings for discipline or sanctions against persons
regulated by a governmental entity, but not including records that initiate employee
discipline; and
(u)
(i)
records that disclose a standard, regulation, policy, guideline, or rule regarding
the operation of a correctional facility or the care and control of inmates
committed to the custody of a correctional facility; and
(ii)
records that disclose the results of an audit or other inspection assessing a
correctional facility's compliance with a standard, regulation, policy, guideline, or
rule described in Subsection
(3)(u)(i)
.
(4)
The list of public records in this section is not exhaustive and should not be used to limit
access to records.
(5)
(a)
Subject to Subsection
(5)(b)
, if information of the type described in Subsections
63G-2-103(16)(a)(i)
through
(vi)
appears in a follow-up or investigative report
described in Subsection
63G-2-103(16)(b)
, the information contained in the
follow-up or investigative report is public, unless the information is private,
controlled, protected, or exempt from disclosure under Subsection
63G-2-201(3)(b)
.
(b)
If a follow-up or investigative report described in Subsection
63G-2-103(16)(b)
is
expressly exempt from disclosure, the exemption and restriction of access described
in Subsection
(3)
does not change based on the follow-up or investigative report
containing any information included in an initial contact report that is a public record.
Section 10, Section
63G-2-303
is amended to read:
63G-2-303. Private information concerning certain government employees.
(1)
As used in this section:
(a)
"At-risk government employee" means a current or former:
(i)
peace officer as specified in Section
53-13-102
;
(ii)
state or federal judge of an appellate, district, justice, or juvenile court, or court
commissioner;
(iii)
judge authorized by Title 39A, Chapter 5, Utah Code of Military Justice;
(iv)
judge authorized by Armed Forces, Title 10, United States Code;
(v)
federal prosecutor;
(vi)
prosecutor appointed pursuant to Armed Forces, Title 10, United States Code;
(vii)
law enforcement official as defined in Section
53-5a-311
;
(viii)
prosecutor authorized by Title 39A, Chapter 5, Utah Code of Military Justice; or
(ix)
state
, federal,
or local government employee who, because of the unique nature
of the employee's regular work assignments or because of one or more recent
credible threats directed to or against the employee, would be at immediate and
substantial risk of physical harm if the employee's personal information is
disclosed.
(b)
"Family member" means the spouse, child, sibling, parent, or grandparent of an
at-risk government employee who is living with the employee.
(c)
"Personal information" means the employee's or the employee's family member's
home address, home telephone number, personal mobile telephone number, personal
pager number, personal email address, social security number, insurance coverage,
marital status, or payroll deductions.
(2)
(a)
Pursuant to Subsection
63G-2-302
(1)(h), an at-risk government employee may
file a written application that:
(i)
gives notice of the employee's status as an at-risk government employee to each
agency of a government entity holding a record or a part of a record that would
disclose the employee's personal information; and
(ii)
requests that the government agency classify those records or parts of records as
private.
(b)
An at-risk government employee desiring to file an application under this section
may request assistance from the government agency to identify the individual records
containing personal information.
(c)
Each government agency shall develop a form that:
(i)
requires the at-risk government employee to designate each specific record or part
of a record containing the employee's personal information that the applicant
desires to be classified as private;
(ii)
affirmatively requests that the government entity holding those records classify
them as private;
(iii)
informs the employee that by submitting a completed form the employee may
not receive official announcements affecting the employee's property, including
notices about proposed municipal annexations, incorporations, or zoning
modifications; and
(iv)
contains a place for the signature required under Subsection
(2)(d)
.
(d)
A form submitted by an employee under Subsection
(2)(c)
shall be signed by the
highest ranking elected or appointed official in the employee's chain of command
certifying that the employee submitting the form is an at-risk government employee.
(3)
A county recorder, county treasurer, county auditor, or a county tax assessor may fully
satisfy the requirements of this section by:
(a)
providing a method for the assessment roll and index and the tax roll and index that
will block public access to the home address, home telephone number, situs address,
and Social Security number; and
(b)
providing the at-risk government employee requesting the classification with a
disclaimer informing the employee that the employee may not receive official
announcements affecting the employee's property, including notices about proposed
annexations, incorporations, or zoning modifications.
(4)
A government agency holding records of an at-risk government employee classified as
private under this section may release the record or part of the record if:
(a)
the employee or former employee gives written consent;
(b)
a court orders release of the records;
(c)
the government agency receives a certified death certificate for the employee or
former employee; or
(d)
as it relates to the employee's voter registration record:
(i)
the person to whom the record or part of the record is released is a qualified
person under Subsection
20A-2-104
(4)(n); and
(ii)
the government agency's release of the record or part of the record complies with
the requirements of Subsection
20A-2-104
(4)(o).
(5)
(a)
If the government agency holding the private record receives a subpoena for the
records, the government agency shall attempt to notify the at-risk government
employee or former employee by mailing a copy of the subpoena to the employee's
last-known mailing address together with a request that the employee either:
(i)
authorize release of the record; or
(ii)
within 10 days of the date that the copy and request are mailed, deliver to the
government agency holding the private record a copy of a motion to quash filed
with the court who issued the subpoena.
(b)
The government agency shall comply with the subpoena if the government agency
has:
(i)
received permission from the at-risk government employee or former employee to
comply with the subpoena;
(ii)
not received a copy of a motion to quash within 10 days of the date that the copy
of the subpoena was mailed; or
(iii)
received a court order requiring release of the records.
(6)
(a)
Except as provided in Subsection
(6)(b)
, a form submitted under this section
remains in effect until the earlier of:
(i)
four years after the date the employee signs the form, whether or not the
employee's employment terminates before the end of the four-year period; and
(ii)
one year after the government agency receives official notice of the death of the
employee.
(b)
A form submitted under this section may be rescinded at any time by:
(i)
the at-risk government employee who submitted the form; or
(ii)
if the at-risk government employee is deceased, a member of the employee's
immediate family.
Section 11, Section
63G-2-305
is amended to read:
63G-2-305. Protected records.
The following records are protected if properly classified by a governmental entity:
(1)
trade secrets as defined in Section
13-24-2
if the person submitting the trade secret has
provided the governmental entity with the information specified in Section
63G-2-309
;
(2)
commercial information or nonindividual financial information obtained from a person
if:
(a)
disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the
ability of the governmental entity to obtain necessary information in the future;
(b)
the person submitting the information has a greater interest in prohibiting access than
the public in obtaining access; and
(c)
the person submitting the information has provided the governmental entity with the
information specified in Section
63G-2-309
;
(3)
commercial or financial information acquired or prepared by a governmental entity to
the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or
cause substantial financial injury to the governmental entity or state economy;
(4)
records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project
entity as defined in Subsection
11-13-103
(4);
(5)
test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6)
records, the disclosure of which would impair governmental procurement proceedings
or give an unfair advantage to any person proposing to enter into a contract or agreement
with a governmental entity, except, subject to Subsections
(1)
and
(2)
, that this
Subsection
(6)
does not restrict the right of a person to have access to, after the contract
or grant has been awarded and signed by all parties:
(a)
a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i)
an invitation for bids;
(ii)
a request for proposals;
(iii)
a request for quotes;
(iv)
a grant; or
(v)
other similar document; or
(b)
an unsolicited proposal, as defined in Section
63G-6a-712
;
(7)
information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections
(1)
and
(2)
, that this Subsection
(7)
does not
restrict the right of a person to have access to the information, after:
(a)
a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b)
(i)
a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii)
at least two years have passed after the day on which the request for information
is issued;
(8)
records that would identify real property or the appraisal or estimated value of real or
personal property, including intellectual property, under consideration for public
acquisition before any rights to the property are acquired unless:
(a)
public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b)
the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c)
in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the
property;
(d)
in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's
estimated value of the property; or
(e)
the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations
to acquire the property as required under Section
78B-6-505
;
(9)
records prepared in contemplation of sale, exchange, lease, rental, or other compensated
transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated
value of the subject property, unless:
(a)
the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial
benefit of the transaction; or
(b)
when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not
employed by or under a duty of confidentiality to the entity;
(10)
records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration
purposes, if release of the records:
(a)
reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b)
reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c)
would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d)
reasonably could be expected to disclose the identity of a source who is not generally
known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known
outside of government if disclosure would compromise the source; or
(e)
reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if
disclosure would interfere with enforcement or audit efforts;
(11)
records the disclosure of which would jeopardize the life or safety of an individual;
(12)
records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from
damage, theft, or other appropriation or use contrary to law or public policy;
(13)
records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would
interfere with the control and supervision of an offender's incarceration, treatment,
probation, or parole;
(14)
records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections,
the Board of Pardons and Parole, or the Department of Health and Human Services that
are based on the employee's or contractor's supervision, diagnosis, or treatment of any
person within the board's jurisdiction;
(15)
records and audit workpapers that identify audit, collection, and operational procedures
and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16)
records of a governmental audit agency relating to an ongoing or planned audit until
the final audit is released;
(17)
records that are subject to the attorney client privilege;
(18)
records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a
judicial, quasi-judicial, or administrative proceeding;
(19)
(a)
(i)
personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii)
notwithstanding Subsection
(19)(a)(i)
, correspondence that gives notice of
legislative action or policy may not be classified as protected under this section;
and
(b)
(i)
an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A)
members of a legislative body;
(B)
a member of a legislative body and a member of the legislative body's staff; or
(C)
members of a legislative body's staff; and
(ii)
notwithstanding Subsection
(19)(b)(i)
, a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20)
(a)
records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's
contemplated legislation or contemplated course of action before the legislator has
elected to support the legislation or course of action, or made the legislation or course
of action public; and
(b)
notwithstanding Subsection
(20)(a)
, the
form to request legislation
following
information included in a request for legislation
submitted to the Office of
Legislative Research and General Counsel is
a public document
public,
unless a
legislator
asks that the records requesting the legislation
requests that the information

be maintained as
protected records until such time as
a protected record until
the
legislator elects to make the legislation or course of action public
;
:
(i)
the short title of the legislation; and
(ii)
the legislator's name;
(21)
a research request from a legislator to a legislative staff member and research findings
prepared in response to the request;
(22)
drafts, unless otherwise classified as public;
(23)
records concerning a governmental entity's strategy about:
(a)
collective bargaining; or
(b)
imminent or pending litigation;
(24)
records of investigations of loss occurrences and analyses of loss occurrences that may
be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25)
records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion
of personal privacy, or disclosure is not in the public interest;
(26)
records that reveal the location of historic, prehistoric, paleontological, or biological
resources that if known would jeopardize the security of those resources or of valuable
historic, scientific, educational, or cultural information;
(27)
records of independent state agencies if the disclosure of the records would conflict
with the fiduciary obligations of the agency;
(28)
records of an institution of higher education defined in Section
53H-1-101
regarding
tenure evaluations, appointments, applications for admissions, retention decisions, and
promotions, which could be properly discussed in a meeting closed in accordance with
Title
52, Chapter 4
, Open and Public Meetings Act, provided that records of the final
decisions about tenure, appointments, retention, promotions, or those students admitted,
may not be classified as protected under this section;
(29)
records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's
contemplated policies or contemplated courses of action before the governor has
implemented or rejected those policies or courses of action or made them public;
(30)
records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31)
records provided by the United States or by a government entity outside the state that
are given to the governmental entity with a requirement that they be managed as
protected records if the providing entity certifies that the record would not be subject to
public disclosure if retained by it;
(32)
transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section
52-4-206
;
(33)
records that would reveal the contents of settlement negotiations but not including final
settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34)
memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of
any other body charged by law with performing a quasi-judicial function;
(35)
records that would reveal negotiations regarding assistance or incentives offered by or
requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm
to the person or place the governmental entity at a competitive disadvantage, but this
section may not be used to restrict access to a record evidencing a final contract;
(36)
materials to which access must be limited for purposes of securing or maintaining the
governmental entity's proprietary protection of intellectual property rights including
patents, copyrights, and trade secrets;
(37)
the name of a donor or a prospective donor to a governmental entity, including an
institution of higher education defined in Section
53H-1-101
, and other information
concerning the donation that could reasonably be expected to reveal the identity of the
donor, provided that:
(a)
the donor requests anonymity in writing;
(b)
any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection
(37)
; and
(c)
except for an institution of higher education defined in Section
53H-1-101
, the
governmental unit to which the donation is made is primarily engaged in educational,
charitable, or artistic endeavors, and has no regulatory or legislative authority over
the donor, a member of the donor's immediate family, or any entity owned or
controlled by the donor or the donor's immediate family;
(38)
accident reports, except as provided in Sections
41-6a-404
,
41-12a-202
, and
73-18-13
;
(39)
a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40)
subject to Subsections
(40)(g)
and
(h)
, the following records of an institution of higher
education defined in Section
53H-1-101
, which have been developed, discovered,
disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
institution:
(a)
unpublished lecture notes;
(b)
unpublished notes, data, and information:
(i)
relating to research; and
(ii)
of:
(A)
the institution of higher education defined in Section
53H-1-101
; or
(B)
a sponsor of sponsored research;
(c)
unpublished manuscripts;
(d)
creative works in process;
(e)
scholarly correspondence; and
(f)
confidential information contained in research proposals;
(g)
this Subsection
(40)
may not be construed to prohibit disclosure of public
information required pursuant to Subsection
53H-14-202(2)(a)
or (b); and
(h)
this Subsection
(40)
may not be construed to affect the ownership of a record;
(41)
(a)
records in the custody or control of the Office of the Legislative Auditor General
that would reveal the name of a
particular
legislator who requests a legislative audit
prior to the date that audit is completed and made public; and
(b)
notwithstanding Subsection
(41)(a)
, a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator
asks that the records in the custody or control of the Office of the Legislative Auditor
General that would reveal the name of a
particular
legislator who requests a
legislative audit be maintained as protected records until the audit is completed and
made public;
(42)
records that provide detail as to the location of an explosive, including a map or other
document that indicates the location of:
(a)
a production facility; or
(b)
a magazine;
(43)
information contained in the statewide database of the Division of Aging and Adult
Services created by Section
26B-6-210
;
(44)
information contained in the Licensing Information System described in Title
80,
Chapter 2
, Child Welfare Services;
(45)
information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46)
records provided by any pawn or secondhand business to a law enforcement agency or
to the central database in compliance with Title
13, Chapter 32a
, Pawnshop, Secondhand
Merchandise, and Catalytic Converter Transaction Information Act;
(47)
information regarding food security, risk, and vulnerability assessments performed by
the Department of Agriculture and Food;
(48)
except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is
provided to or prepared or maintained by the Division of Emergency Management, and
the disclosure of which would jeopardize:
(a)
the safety of the general public; or
(b)
the security of:
(i)
governmental property;
(ii)
governmental programs; or
(iii)
the property of a private person who provides the Division of Emergency
Management information;
(49)
records of the Department of Agriculture and Food that provides for the identification,
tracing, or control of livestock diseases, including any program established under Title
4, Chapter 24
, Utah Livestock Brand and Anti-Theft Act, or Title
4, Chapter 31
, Control
of Animal Disease;
(50)
as provided in Section
26B-2-709
:
(a)
information or records held by the Department of Health and Human Services related
to a complaint regarding a provider, program, or facility which the department is
unable to substantiate; and
(b)
information or records related to a complaint received by the Department of Health
and Human Services from an anonymous complainant regarding a provider, program,
or facility;
(51)
unless otherwise classified as public under Section
63G-2-301
and except as provided
under Section
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a)
the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b)
the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i)
the nature of the law, ordinance, rule, or order; and
(ii)
the individual complying with the law, ordinance, rule, or order;
(52)
the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone
number where the candidate may be contacted:
(a)
a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section
20A-9-201
,
20A-9-202
,
20A-9-203
,
20A-9-404
,
20A-9-405
,
20A-9-408
,
20A-9-408.5
,
20A-9-502
, or
20A-9-601
;
(b)
an affidavit of impecuniosity, described in Section
20A-9-201
; or
(c)
a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53)
the name, home address, work addresses, and telephone numbers of an individual that
is engaged in, or that provides goods or services for, medical or scientific research that is:
(a)
conducted within the state system of higher education, as described in Section
53H-1-102
; and
(b)
conducted using animals;
(54)
in accordance with Section
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote, in relation to
whether a judge meets or exceeds minimum performance standards under Subsection
78A-12-203
(4), and information disclosed under Subsection
78A-12-203
(5)(e);
(55)
information collected and a report prepared by the Judicial Performance Evaluation
Commission concerning a judge, unless Section
20A-7-702
or Title
78A, Chapter 12
,
Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
public, the information or report;
(56)
records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section
63L-11-202
;
(57)
information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58)
in accordance with Section
73-10-33
:
(a)
a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b)
an outline of an emergency response plan in possession of the state or a county or
municipality;
(59)
the following records in the custody or control of the Office of Inspector General of
Medicaid Services, created in Section
63A-13-201
:
(a)
records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information
or allegation cannot be corroborated by the Office of Inspector General of Medicaid
Services through other documents or evidence, and the records relating to the
allegation are not relied upon by the Office of Inspector General of Medicaid
Services in preparing a final investigation report or final audit report;
(b)
records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the
existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
violation of a law, rule, or regulation adopted under the laws of this state, a political
subdivision of the state, or any recognized entity of the United States, if the
information was disclosed on the condition that the identity of the person be
protected;
(c)
before the time that an investigation or audit is completed and the final investigation
or final audit report is released, records or drafts circulated to a person who is not an
employee or head of a governmental entity for the person's response or information;
(d)
records that would disclose an outline or part of any investigation, audit survey plan,
or audit program; or
(e)
requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(60)
records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health and Human Services, to discover
Medicaid fraud, waste, or abuse;
(61)
information provided to the Department of Health and Human Services or the Division
of Professional Licensing under Subsections
58-67-304
(3) and (4) and Subsections
58-68-304
(3) and (4);
(62)
a record described in Section
63G-12-210
;
(63)
captured plate data that is obtained through an automatic license plate reader system
used by a governmental entity as authorized in Section
41-6a-2003
;
(64)
an audio or video recording created by a body-worn camera, as that term is defined in
Section
77-7a-103
, that records sound or images inside a hospital or health care facility
as those terms are defined in Section
78B-3-403
, inside a clinic of a health care provider,
as that term is defined in Section
78B-3-403
, or inside a human service program as that
term is defined in Section
26B-2-101
, except for recordings that:
(a)
depict the commission of an alleged crime;
(b)
record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c)
record any encounter that is the subject of a complaint or a legal proceeding against a
law enforcement officer or law enforcement agency;
(d)
contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(f);
or
(e)
have been requested for reclassification as a public record by a subject or authorized
agent of a subject featured in the recording;
(65)
a record pertaining to the search process for a president of an institution of higher
education described in Section
53H-3-302
;
(66)
an audio recording that is:
(a)
produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating
an individual with a life-threatening condition;
(b)
produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder
service:
(i)
is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii)
uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c)
intended and used for purposes of training emergency responders how to improve
their response to an emergency situation;
(67)
records submitted by or prepared in relation to an applicant seeking a recommendation
by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
Legislative Audit Subcommittee, established under Section
36-12-8
, for an employment
position with the Legislature;
(68)
work papers as defined in Section
31A-2-204
;
(69)
a record made available to Adult Protective Services or a law enforcement agency
under Section
61-1-206
;
(70)
a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(71)
a record described in Section
31A-37-503
;
(72)
any record created by the Division of Professional Licensing as a result of Subsection
58-37f-304
(5) or
58-37f-702
(2)(a)(ii);
(73)
a record described in Section
72-16-306
that relates to the reporting of an injury
involving an amusement ride;
(74)
except as provided in Subsection
63G-2-305.5
(1), the signature of an individual on a
political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a)
Title
10, Utah Municipal Code
;
(b)
Title
17, Counties
;
(c)
Title
17B, Limited Purpose Local Government Entities - Special Districts
;
(d)
Title
17D, Limited Purpose Local Government Entities - Other Entities
; and
(e)
Title
20A, Election Code
;
(75)
except as provided in Subsection
63G-2-305.5
(2), the signature of an individual in a
voter registration record;
(76)
except as provided in Subsection
63G-2-305.5
(3), any signature, other than a signature
described in Subsection
(74)
or
(75)
, in the custody of the lieutenant governor or a local
political subdivision collected or held under, or in relation to, Title
20A, Election Code
;
(77)
a Form I-918 Supplement B certification as described in Title
77, Chapter 38, Part 5
,
Victims Guidelines for Prosecutors Act;
(78)
a record submitted to the Insurance Department under Section
31A-48-103
;
(79)
personal information, as defined in Section
63G-26-102
, to the extent disclosure is
prohibited under Section
63G-26-103
;
(80)
an image taken of an individual during the process of booking the individual into jail,
unless:
(a)
the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(b)
a law enforcement agency releases or disseminates the image:
(i)
after determining that the individual is a fugitive or an imminent threat to an
individual or to public safety and releasing or disseminating the image will assist
in apprehending the individual or reducing or eliminating the threat; or
(ii)
to a potential witness or other individual with direct knowledge of events relevant
to a criminal investigation or criminal proceeding for the purpose of identifying or
locating an individual in connection with the criminal investigation or criminal
proceeding;
(c)
a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest; or
(d)
the image is displayed to a person who is permitted to view the image under Section
17-72-802
;
(81)
a record:
(a)
concerning an interstate claim to the use of waters in the Colorado River system;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii)
harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado
River system; or
(iii)
give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(82)
any part of an application described in Section
63N-16-201
that the Governor's Office
of Economic Opportunity determines is nonpublic, confidential information that if
disclosed would result in actual economic harm to the applicant, but this Subsection
(82)

may not be used to restrict access to a record evidencing a final contract or approval
decision;
(83)
the following records of a drinking water or wastewater facility:
(a)
an engineering or architectural drawing of the drinking water or wastewater facility;
and
(b)
except as provided in Section
63G-2-106
, a record detailing tools or processes the
drinking water or wastewater facility uses to secure, or prohibit access to, the records
described in Subsection
(83)(a)
;
(84)
a statement that an employee of a governmental entity provides to the governmental
entity as part of the governmental entity's personnel or administrative investigation into
potential misconduct involving the employee if the governmental entity:
(a)
requires the statement under threat of employment disciplinary action, including
possible termination of employment, for the employee's refusal to provide the
statement; and
(b)
provides the employee assurance that the statement cannot be used against the
employee in any criminal proceeding;
(85)
any part of an application for a Utah Fits All Scholarship account described in Section
53F-6-402
or other information identifying a scholarship student as defined in Section
53F-6-401
;
(86)
a record:
(a)
concerning a claim to the use of waters in the Great Salt Lake;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
person concerning the claim, including a representative from another state or the
federal government; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Great Salt Lake;
(ii)
harm the ability of the Great Salt Lake commissioner to negotiate the best terms
and conditions regarding the use of water in the Great Salt Lake; or
(iii)
give an advantage to another person including another state or to the federal
government in negotiations regarding the use of water in the Great Salt Lake;
(87)
a consumer complaint described in Section
13-2-11
, unless the consumer complaint is
reclassified as public as described in Subsection
13-2-11
(4);
(88)
a record of the Utah water agent, appointed under Section
73-10g-702
:
(a)
concerning a claim to the use of waters;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state, a tribe, the federal government, or other
government entity as provided in
Title
73, Ch
apter
10g, Part 7, Utah Water Agent;
and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water;
(ii)
harm the ability of the Utah water agent to negotiate the best terms and conditions
regarding the use of water; or
(iii)
give an advantage to another state, a tribe, the federal government, or other
government entity in negotiations regarding the use of water; and
(89)
a record created or maintained for an investigation of the Prosecutor Conduct
Commission, created in Section
63M-7-1102
, that contains any personal identifying
information of a prosecuting attorney, including:
(a)
a complaint, or a document that is submitted or created for a complaint, received by
the Prosecutor Conduct Commission; or
(b)
a finding by the Prosecutor Conduct Commission.
Section 12, Section
63G-2-400.5
is amended to read:
63G-2-400.5. Definitions.
As used in this part:
(1)
"Access denial" means a governmental entity's denial, under Subsection
63G-2-204(9)
63G-2-204(10)
or Section
63G-2-205
, in whole or in part, of a record request.
(2)
"Appellate affirmation" means a decision of a chief administrative officer, a local
appeals board, or the director affirming an access denial.
(3)
(2)
"Director" means the director of the Government Records Office.
(4)
(3)
"Interested party" means a person, other than a requester, who is aggrieved by an
access denial or
an appellate
a respondent
affirmation, regardless of whether the person
participated in proceedings leading to the access denial or
appellate
respondent

affirmation.
(5)
(4)
"Local appeals board" means an appeals board established by a political
subdivision under Subsection
63G-2-701(5)(c)
.
(6)
(5)
"Record request" means a
request for a record
record request
under Section
63G-2-204
.
(7)
(6)
"Records
appellant
petitioner
" means:
(a)
a political subdivision that seeks to appeal a
decision of a
local appeals board
decision
to the director; or
(b)
a requester or interested party who seeks to appeal
to the director a decision
affirming
an access denial
to the director
.
(8)
(7)
"Requester" means a person who submits a record request to a governmental entity.
(8)
"Respondent affirmation" means a decision of a chief administrative officer, a local
appeals board, or the director affirming an access denial.
Section 13, Section
63G-2-401
is amended to read:
63G-2-401. Appeal to chief administrative officer -- Notice of the decision of the
appeal.
(1)
(a)
A requester or interested party may appeal an access denial or the denial of a fee
waiver under Subsection
63G-2-203
(4) to the chief administrative officer of the
governmental entity by filing a notice of appeal with the chief administrative officer
within 30 days after:
(i)
for an access denial:
(A)
the governmental entity sends a notice of denial under Section
63G-2-205
, if
the governmental entity denies a record request under Subsection
63G-2-205
(1); or
(B)
the record request is considered denied under Subsection
63G-2-204
(9)
63G-2-204(10)
, if that subsection applies; or
(ii)
for a denial of a fee waiver, the date the governmental entity notifies the requester
that the fee waiver is denied.
(b)
If a governmental entity claims
extraordinary
exceptional
circumstances and
specifies the date when the records will be available under Subsection
63G-2-204
(4),
and, if the requester believes the
extraordinary
exceptional
circumstances do not
exist or that the date specified is unreasonable, the requester may appeal the
governmental entity's claim of
extraordinary
exceptional
circumstances or date for
compliance to the chief administrative officer by filing a notice of appeal with the
chief administrative officer within 30 days after notification of a claim of
extraordinary
exceptional
circumstances by the governmental entity, despite the lack
of a "determination" or its equivalent under Subsection
63G-2-204
(9)
63G-2-204(10)
.
(2)
A notice of appeal shall contain:
(a)
the name, mailing address, and daytime telephone number of the requester or
interested party; and
(b)
the relief sought.
(3)
The requester or interested party may file a short statement of facts, reasons, and legal
authority in support of the appeal.
(4)
(a)
If the appeal involves a record that is the subject of a business confidentiality
claim under Section
63G-2-309
, the chief administrative officer shall:
(i)
send notice of the appeal to the business confidentiality claimant within three
business days after receiving notice, except that if notice under this section must
be given to more than 35 persons, it shall be given as soon as reasonably possible;
and
(ii)
send notice of the business confidentiality claim and the schedule for the chief
administrative officer's determination to the requester or interested party within
three business days after receiving notice of the appeal.
(b)
The business confidentiality claimant shall have seven business days after notice is
sent by the administrative officer to submit further support for the claim of business
confidentiality.
(5)
(a)
The chief administrative officer shall make a decision on the appeal within:
(i)
(A)
10 business days after the chief administrative officer's receipt of the notice
of appeal; or
(B)
five business days after the chief administrative officer's receipt of the notice
of appeal, if the requester or interested party demonstrates that an expedited
decision benefits the public rather than the requester or interested party; or
(ii)
12 business days after the governmental entity sends the notice of appeal to a
person who submitted a claim of business confidentiality.
(b)
(i)
If the chief administrative officer fails to make a decision on an appeal of an
access denial within the time specified in Subsection
(5)(a)
, the failure is the
equivalent of a decision affirming the access denial.
(ii)
If the chief administrative officer fails to make a decision on an appeal under
Subsection
(1)(b)
within the time specified in Subsection
(5)(a)
, the failure is the
equivalent of a decision affirming the claim of
extraordinary
exceptional

circumstances or the reasonableness of the date specified when the records will be
available.
(c)
The provisions of this section notwithstanding
Notwithstanding any other provision
of this section
, the parties participating in the proceeding may, by agreement, extend
the time periods specified in this section.
(6)
Except as provided in Section
63G-2-406
, the chief administrative officer may, upon
consideration and weighing of the various interests and public policies
pertinent
related

to the classification and disclosure or nondisclosure
of a record
, order the disclosure of
information properly classified as private under Subsection
63G-2-302
(2) or protected
under Section
63G-2-305
if the interests favoring access are greater than or equal to the
interests favoring restriction of access.
(7)
(a)
The governmental entity shall
send
provide
written notice of the chief
administrative officer's decision to all participants.
(b)
If the chief administrative officer's decision is to affirm the access denial in whole or
in part or to affirm the fee waiver denial, the notice under Subsection
(7)(a)
shall
include:
(i)
a statement that the requester has a right under Section
63A-12-204
to request the
government records ombudsman to mediate the dispute between the requester and
the governmental entity concerning the access denial or the fee waiver denial;
(ii)
a statement that the requester or interested party has the right to appeal the
decision, as provided in Section
63G-2-402
, to:
(A)
the director or district court; or
(B)
the local appeals board, if the governmental entity is a political subdivision
and the governmental entity has established a local appeals board;
(iii)
the time limits for filing an appeal described in Subsection
(7)(b)(ii)
, including
an explanation of a suspension of the time limits, as provided in Subsections
63G-2-403
(1)(c) and
63G-2-404
(1)(b), for a requester if the requester seeks
mediation under Section
63A-12-204
; and
(iv)
the name and business address of:
(A)
the director;
(B)
the individual designated as the contact individual for the appeals board, if the
governmental entity is a political subdivision that has established an appeals
board under Subsection
63G-2-701
(5)(c); and
(C)
the government records ombudsman.
(8)
(a)
A person aggrieved by a governmental entity's classification or designation
determination under this chapter, but who is not requesting access to the records, may
appeal that determination using the procedures provided in this section.
(b)
If a nonrequester is the only appellant, the procedures provided in this section shall
apply, except that the decision on the appeal shall be made within 30 days after the
day on which the appellant files the notice of appeal.
(8)
(a)
Except as provided in Subsection
(8)(b)
, an interested party who is aggrieved by a
governmental entity's record classification or designation under this chapter may
appeal the governmental entity's determination as provided in this section.
(b)
If a governmental entity receives a notice of appeal as described in Subsection
(8)(a)
,
and the interested party is the only petitioner, the chief administrative officer shall
respond no later than 30 days after the day on which the chief administrative officer
receives notice of the appeal.
(9)
The duties of the chief administrative officer under this section may be delegated.
Section 14, Section
63G-2-403
is amended to read:
63G-2-403. Appeals to the director of the Government Records Office.
(1)
(a)
A records
appellant
petitioner
appeals to the director by filing a notice of appeal
with the director no later than 30 days after the day on which the decision being
appealed is issued.
(b)
Notwithstanding Subsection
(1)(a)
, a requester may file a notice of appeal with the
director no later than 45 days after the day on which the record request is made if:
(i)
the circumstances described in Subsection
63G-2-401
(1)(b) occur; and
(ii)
the chief administrative officer fails to make a decision under Section
63G-2-401
.
(c)
The time for a requester to file a notice of appeal under Subsection
(1)(a)
or
(b)
is
suspended for the period of time that:
(i)
begins on the date the requester submits a request under Section
63A-12-204
for
the government records ombudsman to mediate the dispute between the requester
and the governmental entity; and
(ii)
ends the earlier of the following dates:
(A)
the date that the government records ombudsman certifies in writing that the
mediation is concluded; or
(B)
the date that the government records ombudsman certifies in writing that the
mediation did not occur or was not concluded because of a lack of the required
consent.
(2)
The notice of appeal shall:
(a)
contain the name, mailing address, and daytime telephone number of the records
appellant
petitioner
;
(b)
be accompanied by a copy of the decision being appealed; and
(c)
state the relief sought.
(3)
The records
appellant
petitioner
:
(a)
shall, on the day on which the notice of appeal is filed with the director, serve a copy
of the notice of appeal on:
(i)
the governmental entity whose access denial or fee waiver denial is the subject of
the appeal, if the records appellant is a requester or interested party; or
(ii)
the requester or interested party who is a party to the local appeals board
proceeding that resulted in the decision that the political subdivision is appealing
to the director, if the records appellant is a political subdivision; and
(b)
may file a short statement of facts, reasons, and legal authority in support of the
appeal.
(4)
(a)
Except as provided in Subsections
(4)(b)

and (c)
through
(d)
, no later than seven
business days after
receiving a notice of appeal
the day on which the director
receives a notice of appeal
, the director shall:
(i)
schedule a hearing for the director to discuss the appeal at the next regularly
scheduled hearing date that is at least 16 calendar days after the date the notice of
appeal is filed but no later than
64
90
calendar days after the
date
day on which

the notice of appeal is filed, except that the director may schedule an expedited
hearing upon application of the records
appellant
petitioner
and
for
good cause
shown;
(ii)
send a copy of the notice of hearing to the records
appellant
petitioner
; and
(iii)
send a copy of the notice of appeal, supporting statement, and a notice of hearing
to:
(A)
the records officer and the chief administrative officer of the governmental
entity whose access denial is the subject of the appeal, if the records
appellant
petitioner
is a requester or interested party;
and
(B)
any person who made a business confidentiality claim under Section
63G-2-309
for a record that is the subject of the appeal; and
(C)
(B)
all persons
any person
who participated in the proceedings before the
governmental entity's chief administrative officer, if the appeal is of the chief
administrative officer's decision affirming an access denial.
(b)
(i)
The director may decline to schedule a hearing if the record series that is the
subject of the appeal
has been found by the director in a previous hearing
involving the same governmental entity to be appropriately classified as private,
controlled, or protected
is substantially similar to an appeal the director previously
decided
.
(ii)
(c)
If
, under Subsection
(4)(b)
,
the director declines to schedule a hearing, the
director shall
send a notice to the records appellant indicating that the request for
hearing has been denied and the reason for the denial.
:
(i)
render a written decision and enter an order consistent with the previous decision;
and
(ii)
provide each party with:
(A)
a copy of the written decision and order;
(B)
notice that the director declined to schedule a hearing, that explains the reason
for declining; and
(C)
notice of the right to appeal the decision and order, as described in Subsection
(15)
.
(c)
(d)
The director may schedule a hearing on an appeal to the director on a
regularly-scheduled hearing date that is later than the period described in Subsection
(4)(a)(i)
if
that
the
hearing date is the first
regularly-scheduled
hearing date at
which there are fewer than 10 appeals scheduled to be heard.
(5)
(a)
No later than five business days before the day of the hearing,
a governmental
entity shall submit to the director
each party shall provide to the director
a written
statement of facts, reasons, and legal authority in support of the
governmental entity's
party's
position.
(b)
The governmental entity shall send a copy of the written statement by first class
mail, postage prepaid, to the requester or interested
Each party shall send a copy of
the party's written statement to each other
party involved in the appeal
, by email, on
the same day on which the party complies with Subsection
(5)(a)
.
(6)
(a)
No later than
10
15
business days
after the day on which the director sends the
notice of appeal
before the day of the hearing
, a person whose legal interests may be
substantially affected by the proceeding may file a request for intervention with the
director.
(b)
Any written statement of facts, reasons, and legal authority in support of the
intervener's position shall be filed with the request for intervention.
(c)
The person seeking intervention shall provide copies of the statement described in
Subsection
(6)(b)
to all parties to the proceedings before the director.
(7)
(a)
The director shall hold a hearing within the period of time described in Subsection
(4)
.
(b)
In accordance with Chapter 3, Utah Administrative Rulemaking Act, the division
shall make rules requiring that a hearing under this section is open to the public in
substantially the same manner as a meeting under Title 52, Chapter 4, Open and
Public Meetings Act.
(8)
At the hearing, the director:
(a)
shall allow the parties to testify, present evidence, and comment on the issues; and
(b)
may allow other interested persons to comment on the issues.
(9)
(a)
(i)
The director:
(A)
may review the disputed records; and
(B)
shall review the disputed records, if the director is weighing the various
interests under Subsection
(11)
.
(ii)
A review of the disputed records under Subsection
(9)(a)(i)
shall be in camera.
(b)
The director may not disclose any information or record reviewed by the director in
camera unless the disclosure is otherwise authorized
by
under
this chapter.
(10)
(a)
Discovery is prohibited, but the
The
director may issue subpoenas or other
orders to compel production of necessary evidence.
(b)
When the subject of a subpoena issued by the director disobeys or fails to comply
with the subpoena, the director may file a motion for an order to compel
obedience
to the subpoena
with the district court.
(c)
(i)
The director's review shall be de novo, if the appeal is an appeal from a
decision of a chief administrative officer:
(A)
issued under Section
63G-2-401
; or
(B)
issued by a chief administrative officer of a political subdivision that has not
established a local appeals board.
(ii)
For an appeal from a decision of a local appeals board, the director shall review
and consider the decision of the local appeals board.
(11)
(a)
No later than seven business days after the day of the hearing, the director shall
issue a signed order:
(i)
granting the relief sought, in whole or in part; or
(ii)
upholding the governmental entity's access denial, in whole or in part.
(b)
Except as provided in Section
63G-2-406
, the director may, upon consideration and
weighing of the various interests and public policies
pertinent
relating
to the
classification and disclosure or nondisclosure
of a record
, order the disclosure of
information properly classified as private, controlled, or protected if the public
interest favoring access is greater than or equal to the interest favoring restriction of
access.
(c)
In making a determination under Subsection
(11)(b)
, the director shall consider and,
where appropriate, limit the requester's or interested party's use and further disclosure
of the record in order to protect:
(i)
privacy interests in the case of a private or controlled record;
(ii)
business confidentiality interests in the case of a record protected under
Subsection
63G-2-305
(1), (2), (40)(a)(ii), or (40)(a)(vi); and
(iii)
privacy interests or the public interest in the case of other protected records.
(12)
The order of the director shall include:
(a)
a statement of reasons for the decision, including citations to this chapter, court rule
or order, another state statute, federal statute, or federal regulation that governs
disclosure of the record, if the citations do not disclose private, controlled, or
protected information;
(b)
a description of the record or portions of the record to which access is ordered or
denied, if the description does not disclose private, controlled, or protected
information or information exempt from disclosure under Subsection
63G-2-201
(3)(b);
(c)
a statement that any party to the proceeding before the director may appeal the
director's decision to district court; and
(d)
a brief summary of the appeals process, the time limits for filing an appeal, and a
notice that in order to protect
its
a party's
rights on appeal, the party may wish to
seek advice from an attorney.
(13)
(a)
If the director fails to issue a decision within 73 calendar days after the day of
the filing of the notice of appeal, that failure is the equivalent of an order denying the
appeal.
(b)
A records appellant shall notify the director in writing if the records appellant
considers the appeal denied.
(14)
A party to a proceeding before the director may seek judicial review in district court of
a director's order by filing a petition for review
of the order
as provided in Section
63G-2-404
.
(15)
(a)
Unless
a notice of intent to
an
appeal is filed under Subsection
(15)(b)
(14)
,
each party to the proceeding shall comply with the order of the director.
(b)
If a party disagrees with the order of the director, that party may file a notice of
intent to appeal the order.
(c)
(b)
If the director orders the governmental entity to produce a record and no appeal
is
timely
filed, or if, as a result of the appeal, the governmental entity is required to
produce a record, the governmental entity shall:
(i)
produce the record; and
(ii)
file a notice of compliance with the director.
(d)
(c)
(i)
If the governmental entity that is ordered to produce a record fails to file a
notice of compliance or
a notice of intent to
to timely file an
appeal, the director
may
do either or both of the following
:
(A)
impose a civil penalty of up to $500 for each day of continuing
noncompliance; or
(B)
send written notice of the governmental entity's noncompliance to the
governor.
(ii)
In imposing a civil penalty
under Subsection
(15)(c)(i)(A)
, the director shall
consider the gravity and circumstances of the violation, including whether the
failure to comply was due to neglect or was willful or intentional.
(16)
The director may:
(a)
decline to schedule a hearing regarding a disputed fee, fee amount, or fee waiver if
the director determines that the petition for hearing is without merit; or
(b)
request that the governmental entity provide information regarding how the fee was
calculated.
(17)
If the director declines to schedule a hearing under Subsection
(16)(a)
, the director
shall:
(a)
issue an order declining to schedule a hearing that includes the reasons for declining
to schedule a hearing; and
(b)
send a copy of the order described in Subsection
(17)(a)
to the parties.
Section 15, Section
63G-2-604
is amended to read:
63G-2-604. Retention and disposition of records.
(1)
(a)
Except for a governmental entity that is permitted to maintain the governmental
entity's own retention schedules under
Part 7, Applicability to Political Subdivisions,
the Judiciary, the Legislature, and the Governor and Lie
utenant Governor, each
governmental entity shall file with the Records Management Committee created in
Section
63A-12-112
a proposed schedule for the retention and disposition of each
type of material that is defined as a record under this chapter.
(b)
After a retention schedule is reviewed and approved by the Records Management
Committee under Subsection
63A-12-113(1)(b)
, the governmental entity shall
maintain and destroy records in accordance with the retention schedule.
(c)
If a governmental entity subject to the provisions of this
section
Subsection
(1)
has
not received an approved retention schedule from the Records Management
Committee for a specific type of material that is defined as a record under this
chapter, the general retention schedule maintained by the state archivist shall govern
the retention and destruction of that type of material.
(2)
A retention schedule that is filed with or approved by the Records Management
Committee under the requirements of this section is a public record.
(3)
A governmental entity shall, on an annual basis, before August 1:
(a)
review the governmental entity's records retention requirements;
(b)
update the governmental entity's records retention requirements, if needed;
(c)
determine whether the governmental entity is complying with the records retention
requirements; and
(d)
take necessary action to ensure compliance with the records retention requirements.
Section 16, Section
63G-2-605
is enacted to read:
63G-2-605. Employee education on government records requirements.
A governmental entity shall comply with the applicable employee education
requirements described in Section
63A-12-117
.
Section 17, Section
63G-2-701
is amended to read:
63G-2-701. Political subdivisions may adopt ordinances in compliance with
chapter -- Appeal process.
(1)
As used in this section:
(a)
"Access denial" means the same as that term is defined in Section
63G-2-400.5
.
(b)
"Interested party" means the same as that term is defined in Section
63G-2-400.5
.
(c)
"Requester" means the same as that term is defined in Section
63G-2-400.5
.
(2)
(a)
Each political subdivision may adopt an ordinance or a policy
applicable
throughout its jurisdiction
within the political subdivision's jurisdiction
relating to
information practices including classification, designation, access, denials,
segregation, appeals, management, retention, and amendment of records.
(b)
The ordinance or policy shall
:

(i)
comply with the criteria
set forth
described
in this section
.
;
(ii)
provide guidance to staff and elected officials regarding the use of a personal
device or account when conducting government business;
(iii)
assign records management staff specific responsibilities related to records
management; and
(iv)
be approved by the political subdivision's governing body.
(c)
A political subdivision shall:
(i)
regularly train staff and elected officials on the records retention ordinance or
policy; and
(ii)
implement a process to monitor and encourage compliance with the ordinance or
policy by staff and elected officials.
(c)
(d)
If any
A
political subdivision
that
does not adopt and maintain an ordinance or
policy
, then that political subdivision
is subject to this chapter.
(d)
(e)
Notwithstanding the adoption of an ordinance or policy, each political
subdivision is subject to
Part 1, General Provisions
,
Part 3, Classification
, and
Sections
63A-12-105
,
63A-12-107
,
63G-2-201
,
63G-2-202
,
63G-2-205
,
63G-2-206
,
63G-2-601
, and
63G-2-602
.
(e)
(f)
Every
A political subdivision shall file the political subdivision's
ordinance
,
or

policy,
or
and each
amendment to the ordinance or policy
shall be filed with the
with
state archives no later than 30 days after
its
the
effective date
of the ordinance,
policy, or amendment
.
(f)
(g)
The political subdivision shall
also report to the state archives
provide to state
archives
all retention schedules
,
and all designations and classifications applied to
a

record series
maintained by
that
the political subdivision
maintains
.
(g)
(h)
(i)
The report required by Subsection
(2)(f)
is notification to state archives
of the political subdivision's retention schedules, designations, and classifications.
The report
The information provided under Subsection
(2)(g)
is not subject to
approval by state archives.
(ii)
If state archives determines that a different retention schedule is needed for state
purposes, state archives shall notify the political subdivision of the state's retention
schedule for the records and shall maintain the records if requested to do so under
Subsection
63A-12-105(2)
.
(3)
Each
political subdivision's
ordinance or policy relating to information practices shall:
(a)
provide standards for
the
record
classification and designation
of the records of the
political subdivision
as public, private, controlled, or protected in accordance with
Part 3, Classification
;
(b)
require
the
record
classification
of the records of the political subdivision
in
accordance with
those
the
standards
described in Subsection
(3)(a)
;
(c)
provide guidelines for
establishment of
establishing
fees in accordance with Section
63G-2-203
; and
(d)
provide
management and retention
standards
for the management and retention of
the records of the political subdivision
comparable to Section
63A-12-103
.
(4)
(a)
Each ordinance or policy shall establish
:

(i)
access criteria, procedures, and response times for requests to inspect, obtain, or
amend records
of the political subdivision,
;
and
(ii)
time limits for appeals consistent with this chapter.
(b)
In establishing response times for access requests and time limits for appeals,
the
political subdivision may establish reasonable time frames different than those set out
in Section
63G-2-204
and
Part 4, Appeals
, if it determines that the resources of the
political subdivision are insufficient to meet the requirements of those sections
if a
political subdivision determines that the political subdivision's resources are
insufficient to meet the requirements under this chapter, the political subdivision may
set reasonable time frames different than the time frames described in Section
63G-2-204
and Part 4, Appeals.
.
(5)
(a)
A political subdivision shall establish an appeals process for
persons
a person

aggrieved by
a
classification, designation, or access
decisions
decision
.
(b)
A political subdivision's appeals process shall include a process for a requester or
interested party to appeal an access denial
to a person designated by the political
subdivision as
, as described in Section
63G-2-401
, to the individual designated as

the chief administrative officer
for purposes of an appeal under Section
63G-2-401
.
(c)
(i)
A political subdivision may establish an appeals board to decide an appeal of a
decision of the chief administrative officer affirming an access denial.
(ii)
An appeals board established by a political subdivision shall be composed of
three members:
(A)
one of whom shall be an employee of the political subdivision; and
(B)
two of whom shall be members of the public who are not employed by or
officials of a governmental entity, at least one of whom shall have professional
experience with requesting or managing records.
(iii)
If a political subdivision establishes an appeals board, any appeal of a decision of
a chief administrative officer shall be made to the appeals board.
(iv)
If a political subdivision does not establish an appeals board, the political
subdivision's appeals process shall provide for an appeal of a chief administrative
officer's decision to the director of the Government Records Office, as provided in
Section
63G-2-403
.
(d)
A political subdivision that establishes an appeals board shall notify the executive
secretary no later than 30 days after the day on which the political subdivision
establishes the appeals board.
(6)
(a)
A political subdivision or requester may appeal an appeals board decision:
(i)
to the director of the Government Records Office, as provided in Section
63G-2-403
; or
(ii)
by filing a petition for judicial review with the district court.
(b)
The contents of a petition for judicial review under Subsection
(6)(a)(ii)
and the
conduct of the proceeding shall be in accordance with Sections
63G-2-402
and
63G-2-404
.
(c)
A person who appeals an appeals board decision to the director of the Government
Records Office does not lose or waive the right to seek judicial review of the decision
of the director of the Government Records Office.
(7)
Any
A
political subdivision that adopts an ordinance or policy under Subsection
(1)
(2)
shall forward to state archives a copy and summary description of the ordinance or
policy.
Section 18, Section
63G-2-801
is amended to read:
63G-2-801. Criminal penalties.
(1)
(a)
A public employee or other
person
individual
who has lawful access to any
private, controlled, or protected record under this chapter, and who intentionally
discloses, provides a copy of, or improperly uses a private, controlled, or protected
record knowing that the disclosure or use is prohibited under this chapter,
is,
except
as provided in Subsection
53-5a-310(1)(c)
,
is
guilty of a class B misdemeanor.
(b)
It is a defense to prosecution under Subsection
(1)(a)
that the actor used or released
private, controlled, or protected information in the reasonable belief that the use or
disclosure of the information was necessary to expose a violation of law involving
government corruption, abuse of office, or misappropriation of public funds or
property.
(c)
It is a defense to prosecution under Subsection
(1)(a)
that the record could have
lawfully been released to the recipient if it had been properly classified.
(d)
It is a defense to prosecution under Subsection
(1)(a)
that the public employee or
other person disclosed, provided, or used the record based on a good faith belief that
the disclosure, provision, or use was in accordance with the law.
(2)
(a)
A person who by false pretenses, bribery, or theft, gains access to or obtains a
copy of any private, controlled, or protected record to which the person is not legally
entitled is guilty of a class B misdemeanor.
(b)
No person shall be guilty under Subsection
(2)(a)
who receives the record,
information, or copy after the fact and without prior knowledge of or participation in
the false pretenses, bribery, or theft.
(3)
(a)
A public employee who intentionally refuses to release a record, the disclosure of
which the employee knows is required by law, is guilty of a class B misdemeanor.
(b)
It is a defense to prosecution under Subsection
(3)(a)
that the public employee's
failure to release the record was based on a good faith belief that the public employee
was acting in accordance with the requirements of law.
(c)
A public employee who intentionally refuses to release a record, the disclosure of
which the employee knows is required by a final unappealed order from a
government
governmental
entity, the director of the Government Records Office, or
a court is guilty of a class B misdemeanor.
(4)
A person who intentionally violates Section
63G-2-210
is guilty of a class B
misdemeanor.
(5)
(a)
As used in this Subsection
(5)
, "pending records request" means a record request
that:
(i)
a person has submitted; and
(ii)
the governmental entity:
(A)
has not denied the record request, but has not yet provided all records
requested;
(B)
has denied the record request, in whole or in part, and the deadline for
appealing the denial has not passed;
(C)
has denied the record request, in whole or in part, an appeal is filed in relation
to the record request, and the appeal is not final; or
(D)
is subject to an order to provide a record that is responsive to the record
request and has not yet fully complied with the order.
(b)
It is unlawful for an individual to destroy or delete a record that the individual
knows, or has reason to know, may be responsive to a pending records request, with
the intent of avoiding disclosure of the record or information in the record.
(c)
A violation of Subsection
(5)(b)
is an infraction.
Section 19, Section
77-27-5
is amended to read:
77-27-5. Board of Pardons and Parole authority.
(1)
(a)
Subject to this chapter and other laws of the state, and except for a conviction for
treason or impeachment, the board shall determine by majority decision when and
under what conditions an offender's conviction may be pardoned or commuted.
(b)
The board shall determine by majority decision when and under what conditions an
offender committed to serve a sentence at a penal or correctional facility, which is
under the jurisdiction of the department, may:
(i)
be released upon parole;
(ii)
have a fine or forfeiture remitted;
(iii)
have the offender's criminal accounts receivable remitted in accordance with
Section
77-32b-105
or
77-32b-106
;
(iv)
have the offender's payment schedule modified in accordance with Section
77-32b-103
; or
(v)
have the offender's sentence terminated.
(c)
The board shall prioritize public safety when making a determination under
Subsection
(1)(a)
or
(1)(b)
.
(d)
(i)
The board may sit together or in panels to conduct hearings.
(ii)
The chair shall appoint members to the panels in any combination and in
accordance with rules made by the board in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(iii)
The chair may participate on any panel and when doing so is chair of the panel.
(iv)
The chair of the board may designate the chair for any other panel.
(e)
(i)
Except after a hearing before the board, or the board's appointed examiner, in
an open session, the board may not:
(A)
remit a fine or forfeiture for an offender or the offender's criminal accounts
receivable;
(B)
release the offender on parole; or
(C)
commute, pardon, or terminate an offender's sentence.
(ii)
An action taken under this Subsection
(1)
other than by a majority of the board
shall be affirmed by a majority of the board.
(f)
A commutation or pardon may be granted only after a full hearing before the board.
(2)
(a)
In the case of a hearing, timely prior notice of the time and location of the hearing
shall be given to the offender.
(b)
The county or district attorney's office responsible for prosecution of the case, the
sentencing court, and law enforcement officials responsible for the defendant's arrest
and conviction shall be notified of any board hearings through the board's website.
(c)
Whenever possible, the victim or the victim's representative, if designated, shall be
notified of original hearings and any hearing after that if notification is requested and
current contact information has been provided to the board.
(d)
(i)
Notice to the victim or the victim's representative shall include information
provided in Section
77-27-9.5
, and any related rules made by the board under that
section.
(ii)
The information under Subsection
(2)(d)(i)
shall be provided in terms that are
reasonable for the lay person to understand.
(3)
(a)
A decision by the board is final and not subject for judicial review if the decision
is regarding:
(i)
a pardon, parole, commutation, or termination of an offender's sentence;
(ii)
restitution, the modification of an offender's payment schedule for restitution, or
an order for costs; or
(iii)
the remission of an offender's criminal accounts receivable or a fine or forfeiture.
(b)
Deliberative processes are not public and the board is exempt from Title 52, Chapter
4, Open and Public Meetings Act, when the board is engaged in the board's
deliberative process.
(c)
Pursuant to Subsection
63G-2-103(25)(b)(xii)
63G-2-103(27)(b)(xii)
, records of the
deliberative process are exempt from Title 63G, Chapter 2, Government Records
Access and Management Act.
(d)
Unless it will interfere with a constitutional right, deliberative processes are not
subject to disclosure, including discovery.
(e)
Nothing in this section prevents the obtaining or enforcement of a civil judgment.
(4)
(a)
This chapter may not be construed as a denial of or limitation of the governor's
power to grant respite or reprieves in all cases of convictions for offenses against the
state, except treason or conviction on impeachment.
(b)
Notwithstanding Subsection
(4)(a)
, respites or reprieves may not extend beyond the
next session of the board.
(c)
At the next session of the board, the board:
(i)
shall continue or terminate the respite or reprieve; or
(ii)
may commute the punishment or pardon the offense as provided.
(d)
In the case of conviction for treason, the governor may suspend execution of the
sentence until the case is reported to the Legislature at the Legislature's next session.
(e)
The Legislature shall pardon or commute the sentence or direct the sentence's
execution.
(5)
(a)
In determining when, where, and under what conditions an offender serving a
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the
offender's criminal accounts receivable remitted, or have the offender's sentence
commuted or terminated, the board shall:
(i)
consider whether the offender has made restitution ordered by the court under
Section
77-38b-205
, or is prepared to pay restitution as a condition of any parole,
pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a
commutation or termination of the offender's sentence;
(ii)
except as provided in Subsection
(5)(b)
, develop and use a list of criteria for
making determinations under this Subsection
(5)
;
(iii)
consider information provided by the department regarding an offender's
individual case action plan; and
(iv)
review an offender's status within 60 days after the day on which the board
receives notice from the department that the offender has completed all of the
offender's case action plan components that relate to activities that can be
accomplished while the offender is imprisoned.
(b)
The board shall determine whether to remit an offender's criminal accounts
receivable under this Subsection
(5)
in accordance with Section
77-32b-105
or
77-32b-106
.
(6)
In determining whether parole may be terminated, the board shall consider:
(a)
the offense committed by the parolee; and
(b)
the parole period under Section
76-3-202
, and in accordance with Section
77-27-13
.
(7)
For an offender placed on parole after December 31, 2018, the board shall terminate
parole in accordance with the adult sentencing and supervision length guidelines, as
defined in Section
63M-7-401.1
, to the extent the guidelines are consistent with the
requirements of the law.
(8)
The board may not rely solely on an algorithm or a risk assessment tool score in
determining whether parole should be granted or terminated for an offender.
(9)
The board may intervene as a limited-purpose party in a judicial or administrative
proceeding, including a criminal action, to seek:
(a)
correction of an order that has or will impact the board's jurisdiction; or
(b)
clarification regarding an order that may impact the board's jurisdiction.
(10)
A motion to intervene brought under Subsection
(9)(a)
shall be raised within 60 days
after the day on which a court enters the order that impacts the board's jurisdiction.
Section 20.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-2-26 3:02 PM